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CHARTER 


OF    THE 


City  and  County  of 
San  Francisco 


As  Amended  in  1903,  1907,  1911,  1913, 
1915^917  and  1919. 


Published  by. 

Authority  of  ths  Board  of  Supervisors 

JOHN  S.   n.'NTNIGAN,  Clerk 


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Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

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CHARTER 

OF   THE  '.''.■'.'■      '•'    • 

CITY  AND  COUNfY  OF 
SAN  FRANCISCO 


PREPARED  AND  PROPOSED 
BV  THE 

BOARD  OF  FREEHOLDERS 


Elected  December  27,  1897,  in  pursuance  of  the  provisions  of 

Section  8,  Article  XI,  of  the  Constitution  of 

the  State  of  California. 


Ratified  by  Vote  of  the  People.  :\ray  26,  1898. 

Approved  by  the  Legislature  of  the  State,  January  26,  1899. 

In  full  Force  and  Effect,  January  8.  1900. 

AVitli  Amendments  adopted  at  Special  Election,  December  4,  1902. 

(in  effect  February  5,  1903).     Amendments 

adopted  November  5,  1907  (in  effect 

November  22  and  November 

23,  1907),  and 

Amendments  adopted  November  15,  1910, 

(in  effect  February  17,  1911). 

Amendments  adopted  December  10,  1912, 

(in  effect  March  28,  1913). 

Amendments  adopted  March  16,  1915, 

(in  effect  April  1,  1915). 

Amendments  adopted  November  7,  1916, 

(in  effect  January  18,  1917). 

Amendments  adopted  November  5,  1918, 

(in  effect  January  17,  1919). 


Published  by  authority  of  the  Board  of  Supervisors. 

JOHN  S.  DUN^^IGAN,  Clerk. 


SHANNON-CONMV,  S09  SANSOMF  ST. 


Board  of  Freeholders 


President : 
JOSEPH  BRITTON. 


JEROME  A.  ANDERSON, 
JAMES  BUTLER, 
H.  N.  CLEMENT, 
A.  COMTE,  JR., 
ALFRED  CRIDGE, 
L.  R.  ELLERT, 
ISIDOR  GUTTE, 


P.  H.  McCarthy, 

JOHN  NIGHTINGALE,   JR. 
JOHN  C.  NOBMANN, 
JOSEPH  O'CONNOR, 
LIPPMANN  SACHS. 
EDWARD  R.  TAYLOR, 
A.  W.  THOMPSON. 


Secretary : 
J.  RICH'D  FREUD. 


CHARTER 


OF  THE 


City  and  County  of  San  Francisco 

Provided  for  by  Section  8  of  Article  XI  of  the  Constitution 

of  the  State  of  California        ,•.-•.:- 

Proposed  by  a  Board  of  Freeholders,  elected  December  27, 1897. 

Ratified  by  the  Electors,  May  26, 1898. 

Approved  by  the  Legislature,  January  26, 1899. 

(Statutes  1899,  page  241) 

In  full  force  and  effect  January  8, 1900. 

Amended  at  a  special  election  held  December  4, 1902. 

Amendments  approved  by  the  Legislature,  February  5, 1903. 

(Statutes  1903,  page  586) 

Also  amended  at  the  municipal  election,  held  November  5, 1907. 

Amendments  approved  by  the  Legislature  (special  session),  November 

22  and  23, 1907. 

(Statutes  1909,  page  29) 

Also  amended  at  a  special  election  held  November  15, 1910. 

Amendments  approved  by  the  Legislature,  February  17, 1911. 

(Statutes  1911,  page  1661) 

Also  amended  at  a  special  election  held  December  10, 1912. 

Amendments  approved  by  the  Legislature,  March  28, 1913. 

(Statutes  1913,  page  1602) 
Also  amended  at  a  special  election  held  March  16, 1915. 
Amendments  approved  by  the  Legislature,  April  1,  1915. 

(Statutes  1915,  page  1807) 
Also  amended  at  a  general  election  held  November  7, 1916. 
Amendments  approved  by  the  Legislature,  January  18, 1917. 

(Statutes  1917,  page  1708) 

Also  amended  at  a  general  election  held  November  5, 1918. 

Amendments  approved  by  the  Legislature,  January  17, 1919. 

(Statutes  1919) 


AETICLE  I. 

BOUNDARIES,   RIGHTS  AND  LIABILITIES. 
Name  and  Powers  of  City  and  County. 

Section  1.  The  municipal  corporation  known  as  the  City  and 
County  of  San  Francisco  shall  remain  and  continue  a  body  politic 
and  corporate  in  name  and  in  fact  by  the  name  of  the  City  and 
County  of  San  Francisco,  and  by  that  name  shall  have  perpetual 
succession ;  may  sue  and  defend  in  all  courts  and  places  and  in  all 
matters  and  proceedings;  may  have  and  use  a  common  seal  and 


747501 


2  Charter  of  the  City  and  County  of  San  Francisco. 

alter  the  same  at  pleasure;  may  purchase,  receive,  hold  and  enjoy 
real  and  personal  property;  receive  bequests,  gifts  and  donations 
^^of  all  ^J^inds.of  property,  in  fee  simple,  or  in  trust  for  charitable 
^a^nd  other  purposes,  and  do  all  acts  necessary  to  carry  out  the 
^purposes.  of  .  such  ^  gifts,  bequests  and  donations,  with  power  to 
■  inati^ge,  isell,;  I'ease,  .or  otherwise  dispose  of  the  same  in  accordance 
with  the  terms  of  the  gift,  bequest  or  trust. 

Boundaries. 

Sec.  2.  The  boundaries  of  the  City  and  County  of  San  Fran- 
cisco are  hereby  declared  to  be  those  set  forth  in  Section  Thirty- 
Nine  Hundred  and  Fifty  of  the  Political  Code  of  California. 

Rights. 

Sec.  3.  The  City  and  County  of  San  Francisco  shall  continue, 
under  this  Charter,  to  have,  hold  and  enjoy  all  property,  rights  of 
property,  rights  of  action  of  every  nature  and  description  of  the 
existing  municipality  and  is  hereby  declared  to  be  the  successor 
of  the  same. 

Actions  by  or  Against  tlie  City  and  County. 

Sec.  4.  Suits,  actions  and  proceedings  may  be  brought  in  the 
name  of  the  City  and  County  for  the  recovery  of  any  property, 
money  or  thing  belonging  thereto,  in  law  or  equity,  or  dedicated 
to  public  use  therein,  or  for  the  enforcement  of  any  rights  of,  or 
contracts  with,  the  City  and  County,  whether  made  or  arising  or 
accruing  before  or  after  the  adoption  of  this  Charter.  All  exist- 
ing suits,  actions  and  proceedings  in  the  courts  or  elsewhere,  to 
which  the  City  and  County  is  a  party,  shall  continue  to  be  carried 
on  by  or  against  the  City  and  County. 

Liability  for  Damages  by  Reason  of  Defective  Sidewalks,  Etc. 

Sec.  5.  No  recourse  shall  be  had  against  the  City  and  County, 
or  any  board  of  officers  thereof,  for  damage  or  loss  to  person 
or  property  suffered  or  sustained  by  reason  of  the  defective 
condition  of  any  sidewalk,  street,  avenue,  lane,  alley,  court  or 
place,  none  of  which  has  been  finally  accepted  by  the  Super- 
visors of  the  city  and  county  as  by  law,  or  as  in  this  charter  pro- 
vided, nor  shall  there  be  any  recourse  against  the  City  and  County, 
or  any  board  or  officer  thereof,  for  damage  to  person  or  property 
suffered  or  sustained  by  reason  of  accident  on  any  such  sidewalk, 
street,  avenue,  lane,  alley,  court  or  place;  but  in  any  such  case 
the  person  or  persons  on  whom  the  law  may  have  imposed  the 
obligation  to  repair  such  defect  in  any  such  sidewalk,  street  or 
public  highway,  shall  be  liable  to  the  party  injured  for  the  damage 
suffered  or  sustained. 

When  any  portion  of  the  roadway  of  a  public  street  in  the 
City  and  County  which  has  been  accepted  by  the  Supervisors  as 
provided  by  law,  shall  be  in  such  defective  condition  as  to  endanger 
persons  or  property  in  the  use  thereof;  or  when  any  public  sewer 
is  defective   or  in   want  of  repair,   it  shall  be  the  duty  of  the 


Article  I.    Boundaries,  Rights  and  Liabilities.  3 

Board  of  Public  Works  to  cause  any  such  defect  in  such  roadway 
or  in  such  sewer  to  be  remedied  or  repaired.  And,  if  through 
the  official  negligence  of  the  said  Board  such  defect  remains  unrem- 
edied or  unprotected,  and  in  consequence  thereof  damage  or  loss 
to  person  or  property  is  sustained  or  suffered,  the  said  Board 
shall  be  liable  to  the  party  injured  for  the  damage  sustained; 
provided  tliat  a  notice  in  writing  directing  attention  to  the  exist- 
ence of  such  defect,  and  specifying  the  particular  street  and  block 
thereof  whereon  or  wherein  such  defect  exists,  shall  have  been 
served  upon  the  said  Board  at  least  five  days  before  such  damage 
shall  have  been  sustained:  and  provided  further  that  there  are 
at  such  time  funds  available  to  the  said  Board  for  repairing  or 
remedying  such  defects. — As  amended  November  15, 1910;  approved 
by  the  Legislature  February  17,  1911  (Statutes,  1911,  page  1661). 


4:  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  II. 

LEGISLATIVE    DEPARTMENT. 

CHAPTER  I. 

THE   BOARD  OF  SUPERVISORS. 
Legislative  Power. 

Section  1.  The  legislative  power  of  the  City  and  County  of 
San  Francisco  shall  be  vested  in  a  legislative  body,  which  shall 
be  designated  the  Board  of  Supervisors.  Such  body  is  also  des- 
ignated in  this  Charter,  the  Supervisors. 

Supervisors:     Term.     Qualifications. 

Sec.  2.  The  Board  of  Supervisors  shall  consist  of  eighteen 
members,  all  of  whom  shall  hold  office  for  two*  years  and  be 
elected  from  the  City  and  County  at  large.  Each  one  must  be  at 
the  time  of  his  election  an  elector  of  the  city  and  county,  and  must 
have  been  such  for  at  least  five  years  next  preceding  his  election. 
Each  Supervisor  shall  receive  a  salary  of  two  hundred  dollars  a 
month. 

Every  person  who  has  served  as  Mayor  of  the  City  and  County, 
so  long  as  he  remains  a  resident  thereof,  shall  be  entitled  to  a 
seat  in  the  Board  of  Supervisors  and  to  participate  in  its  debates, 
but  shall  not  be  entitled  to  a  vote  nor  to  any  compensation. — 
As  amended  November  15,  1910;  approved  by  the  Legislature 
February  17,  1911  (Statutes,  1911,  page  1661). 

Quorum. 

Sec.  3.  A  majority  of  all  the  members  of  the  Board  shall  con- 
stitute a  quorum,  but  a  less  number  may  adjourn  from  day  to 
day  and  compel  the  attendance  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  the  Board  may  prescribe. 

Powers  of  the  Board  of  Supervisors. 

Sec.  4.     The  Board  shall : 
Appointments. 

1.  Appoint  a  Clerk,  Sergeant-at-Arms  and,  when  authorized  to 
do  so  by  ordinance,  such  additional  clerks  and  other  assistants 
as  may  be  deemed  necessary. 

Rules. 

2.  Establish  rules  for  its  proceedings. 
Journal. 

3.  Keep  a  journal  of  its  proceedings,  and  allow  the  same  to  be 
published.  The  ayes  and  noes  shall  on  demand  of  any  member 
be  taken  and  entered  therein. 

Decorum. 

4.  Have  authority  to  punish  its  members  for  disorderly  or 
contemptuous  behavior  in  its  presence. 


*Term  made  four  years:    Section  38a,  Article  XVI. 


Article  II,  Chapter  I.    Legislative  Department.  5 

Presiding  Officer. 

Sec.  5.  The  Mayor  shall  be  the  presiding  officer  of  the  Board 
of  Supervisors.  In  the  absence  of  the  Mayor  the  Board  shall 
appoint  a  presiding  officer  pro  tempore  from  its  own  members, 
who  shall  have  the  same  right  to  vote  as  other  members. 

Meetings:     Time  and  Place. 

Sec.  6.  The  Board  shall  meet  on  Monday  of  each  week,  or  if 
that  day  be  a  legal  holiday,  then  on  the  next  day.  The  Board 
shall  not  adjourn  to  any  other  place  than  to  its  regular  place  of 
meeting,  except  in  case  of  great  necessity  or  emergency.  The 
meetings  of  the  Board  shall  be  public. 

Clerk  of  the  Board:     Duties  and  Powers. 

Sec.  7.  The  Clerk  of  the  Board,  when  requested  to  do  so,  shall 
administer  oaths  and  affirmations,  without  charge,  in  all  matters 
pertaining  to  the  affairs  of  his  office,  and  shall  perform  such 
services  as  may  be  prescribed  by  the  Board.  He  shall  have  the 
custody  of  the  seal,  and  of  all  leases,  grants  and  other  documents, 
records  and  papers  of  the  City  and  County.  His  signature  shall 
be  necessary  to  all  leases,  grants  and  conveyances  of  the  City  and 
County. 

Ordinances:     Enactment  and  Passage. 

Sec.  8.  Every  legislative  act  of  the  City  and  County  shall  be 
by  ordinance.  The  enacting  clause  of  every  ordinance  shall  be 
in  these  words:  **Be  it  ordained  by  the  People  of  the  City  and 
County  of  San  Francisco  as  follows."  No  ordinance  shall  be 
passed  except  by  bill,  and  no  bill  shall  be  so  amended  as  to  change 
its  original  purpose. 

Bills  and   Resolutions:        Final  Adoption. 

Sec.  9.  No  bill  shall  become  an  ordinance,  nor  resolution  be 
adopted,  unless  finally  passed  by  a  majority  of  all  the  members  of 
the  Board  and  the  vote  be  taken  by  ayes  and  noes  and  the  names 
of  the  members  voting  for  and  against  the  same  be  entered  in  the 
Journal. 

Revision  and  Amendment. 

Sec.  10.  No  ordinance  shall  be  revised,  re-enacted  or  amended 
by  reference  to  its  title;  but  the  ordinance  to  be  revised  or 
re-enacted,  or  the  section  thereof  amended,  shall  be  re-enacted  at 
length  as  revised  and  amended. 

Subject  and  Title. 

Sec.  11.  An  ordinance  shall  embrace  but  one  subject,  which 
subject  shall  be  expressed  in  its  title.  If  any  subject  be  embraced 
in  an  ordinance  and  not  expressed  in  its  title,  such  ordinance  shall 
be  void  only  as  to  so  much  thereof  as  is  not  expressed  in  its  title. 


6  Charter  of  the  City  and  County  of  San  Francisco. 

Reconsideration:     Francliises. 

Sec.  12.  When  a  bill  is  put  upon  its  final  passage  in  the  Board 
and  fails  to  pass,  and  a  motion  is  made  to  reconsider,  the  vote 
upon  such  motion  shall  not  be  acted  upon  before  the  expiration 
of  twenty-four  hours  after  adjournment.  No  bill  for  the  grant 
of  any  franchise  shall  be  put  upon  its  final  passage  within  ninety 
days  after  its  introduction,  and  no  franchise  shall  be  renewed 
before  one  year  prior  to  its  expiration.  Every  ordinance  shall, 
after  amendment,  be  laid  over  for  one  week  before  its  final  passage. 

Advertisement  of  Bills  and  Resolutions. 

Sec.  13.  Every  bill  or  resolution  providing  for  any  specific 
improvement,  or  the  granting  of  any  franchise  or  privilege,  or 
involving  the  lease,  appropriation  or  disposition  of  public  prop- 
erty, or  the  expenditure  of  public  money,  except  sums  less  than 
two  hundred  dollars,  or  levying  any  tax  or  assessment,  and  every 
ordinance  providing  for  the  imposition  of  a  new  duty  or  penalty, 
shall,  after  its  introduction,  be  published  in  the  official  news- 
paper with  the  ayes  and  noes,  for  at  least  five  successive  days 
(Sundays  and  legal  holidays  excepted)  before  final  action  upon 
the  same.  If  such  bill  be  amended,  the  bill  as  amended  shall  be 
advertised  for  a  like  period  before  final  action  thereon.  But  in 
cases  of  great  necessity  the  officers  and  heads  of  departments 
may,  with  the  consent  of  the  Mayor,  expend  such  sums  of  money, 
not  to  exceed  two  hundred  dollars,  as  shall  be  necessary  to  meet 
the  requirements  of  such  necessity. 

Veto  of  Separate  Items  by  the  Mayor. 

Sec.  14.  If  any  bill  be  presented  to  the  Mayor  containing  sev- 
eral items  appropriating  money  or  fixing  a  tax  levy,  he  may 
object  to  one  or  more  items  separately,  while  approving  other  por- 
tions of  the  bill.  In  such  case  he  shall  append  to  the  bill  at  the 
time  of  signing  it  a  statement  of  the  item  or  items  to  which  he 
objects  and  the  reasons  therefor,  and  the  item  or  items  so  objected 
to  shall  not  take  effect  unless  passed  notwithstanding  the  Mayor's 
objection.  Each  item  so  objected  to  shall  be  separately  recon- 
sidered by  the  Board  in  the  same  manner  as  bills  which  have 
been  disapproved  by  the  Mayor. 

When  Ordinances  Take  Effect. 

Sec.  15.  No  ordinance  shall  take  effect  until  ten  days  after  its 
passage  unless  otherwise  provided  in  such  ordinance. 

Approval   or  Disapproval   of  Mayor. 

Sec.  16.  Every  bill  and  every  resolution  as  hereinbefore  pro- 
vided, which  shall  have  passed  the  Board  and  shall  have  been 
duly  authenticated,  shall  be  presented  to  the  Mayor  for  his 
approval.  The  Mayor  shall  return  such  bill  or  resolution  to  the 
Board  within  ten  days  after  receiving  it.  If  he  approve  it  he 
shall  sign  it  and  it  shall  then  become  an  ordinance.     If  he  dis- 


Article  11,  Chapter  1.    Legislative  Department.  7 

approves  it  he  shall  specify  his  objections  thereto  in  writing.  If 
he  does  not  return  it  with  such  disapproval  within  the  time  above 
specified,  it  shall  take  effect  as  if  he  had  approved  it.  The  objec- 
tions of  the  ^layor  shall  be  entered  at  large  in  the  Journal  of  the 
Board,  and  the  Board  shall,  after  five  and  within  thirty  days  after 
such  bill  or  resolution  shall  have  been  so  returned,  reconsider  and 
vote  upon  the  same.  If  the  same  shall,  upon  reconsideration,  be 
again  passed  by  the  affirmative  vote  of  not  less  than  fourteen 
members  of  the  Board,  the  presiding  officer  shall  certify  that  fact 
on  the  bill  or  resolution,  and  when  so  certified,  the  bill  shall 
become  an  ordinance  with  like  effect  as  if  it  had  been  approved  by 
the  ^layor.  If  the  bill  or  resolution  shall  fail  to  receive  the  vote 
of  fourteen  members  of  the  Board  it  shall  be  deemed  finally  lost. 
The  vote  on  such  reconsideration  shall  be  taken  by  ayes  and  noes 
and  the  names  of  the  members  voting  for  and  against  the  same 
shall  be  entered   in  the  Journal. 

Deposit  of  All  Ordinances. 

Sec.  17.  All  ordinances  and  resolutions  shall  be  deposited  with 
the  Clerk  of  the  Board,  who  shall  record  the  same  at  length  in  a 
suitable  book. 

Repeal  of  Ordinances. 

Sec.  18.  No  ordinance  shall  be  repealed  except  by  ordinance 
adopted  in  the  manner  hereinbefore  set  out,  and  such  ordinance 
shall  be  presented  to  the  Mayor  for  his  approval  as  hereintofore 
provided. 

Demands  for  Payment  of  Money. 

Sec.  19.  Except  as  provided  in  Chapter  III  of  Article  III  of 
this  Charter,  all  demands  payable  out  of  the  treasury  must,  before 
they  can  be  approved  by  the  Auditor  or  paid  by  the  Treasurer, 
be  first  approved  by  the  Board  of  Supervisors.  All  demands 
for  more  than  two  hundred  dollars  shall  be  presented  to  the  Mayor 
for  his  approval,  in  the  manner  hereinbefore  provided  for  the 
passage  of  bills  or  resolutions.  All  resolutions  directing  the  pay- 
ment of  money  other  than  salaries  or  wages,  when  the  amount 
exceeds  five  hundred  dollars,  shall  be  published  for  five  successive 
days  (Sundays  and  legal  holidays  excepted)  in  the  official  news- 
paper. 

Section  20.  Repealed  hy  amendment  November  15,  1910; 
approved  hy  the  Legislature  Fehruary  17,  1911  (Statutes,  1911, 
page  1661.) 

Section  21.  Repealed  hy  amendment  Novemher  15,  1910; 
approved  hy  the  Legislature  Fehruary  17,  1911  (Statutes,-  1911, 
page  1661). 

Amendments  to  Charter  by  Petition. 

Sec.  22.  Whenever  there  shall  be  presented  to  the  Supervisors 
a  petition  signed  by  a  number  of  voters  equal  to  fifteen  per  centum 


8  Charter  of  the  City  and  County  of  San  Francisco. 

of  the  votes  cast  at  the  last  preceding  State  or  municipal  election, 
asking  that  an  amendment  or  amendments  to  this  Charter,  to  be 
set  out  in  such  petition,  be  submitted  to  the  people,  the  Board  must 
submit  to  the  vote  of  the  electors  of  the  City  and  County  the  pro- 
posed amendment  or  amendments. 

The  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper.  Each  signer  shall  add  to  his  signature  his  place  of  resi- 
dence, giving  the  street  and  number.  One  of  the  signers  of  each 
such  paper  shall  make  oath  before  an  officer  competent  to  admin- 
ister oaths  that  the  statements  made  therein  are  true  and  that 
each  signature  to  such  paper  appended  is  the  genuine  signature 
of  the  person  whose  name  purports  to  be  thereto  subscribed. 

The  Board  of  Election  Commissioners  must  make  all  necessary 
provision  for  submitting  the  proposed  amendment  or  amendments 
to  the  electors  at  a  special  election  to  be  called  by  it,  and  shall 
canvass  the  vote  in  the  same  manner  as  in  other  cases  of  election. 

All  the  provisions  of  the  Constitution  of  the  State  embracing  the 
subject  in  this  section  provided  for  are  hereby  expressly  made 
applicable  to  such  proposed  amendment  or  amendments.  But  if  at 
any  time  there  shall  be  no  constitutional  provision  or  provisions 
under  which  this  Charter  may  be  amended,  then  the  aforesaid 
amendment  or  amendments  must  be  submitted  by  the  Board  of 
Election  Commissioners  to  the  vote  of  the  electors  of  the  City 
and  County  at  the  election  which  next  ensues  after  such  petition 
is  filed  with  the  Supervisors,  if  any  such  election  is  not  to  be  held 
within  sixty  days  after  the  filing  of  such  petition. 

The  tickets  used  at  such  election  shall  contain  the  words  "FOR 
THE  AMENDMENT"  (stating  the  nature  of  the  proposed  amend- 
ment) and  "AGAINST  THE  AMENDMENT"  (stating  the  nature 
of  the  proposed  amendment). 

If  a  majority  of  the  votes  cast  upon  such  amendment  or  amend- 
ments shall  be  in  favor  of  the  adoption  thereof,  the  Board  of  Elec- 
tion Commissioners  shall,  within  thirty  days  from  the  time  of  such 
election,  proclaim  such  fact,  and  thereupon  this  Charter  shall  be 
amended   accordingly. 

Section  23.  Repealed  hy  amendment  November  15,  1910; 
approved  hy  the  Legislature  February  17,  1911 ;  in  effect  January 
8,  1912      (Statutes,  1911,  page  1661). 

CHAPTER    II. 
POWERS  OF  THE  SUPERVISORS. 

Section  1.  Subject  to  the  provisions,  limitations  and  restric- 
tions in  this  Charter  contained,  the  Board  of  Supervisors  shall 
have  power : 

Local  Laws. 

1.  To  ordain,  make  and  enforce  within  the  limits  of  the  City 
and  County  all  necessary  local,  police,  sanitary  and  other  laws 
and  regulations. 


Article  II,  Chapter  II.    Legislative  Department.  9 

Use  of  Streets. 

2.  Except  as  otherwise  provided  in  this  Charter,  or  in  the  Con- 
stitution of  the  State  of  California,  to  regulate  and  control  for 
any  and  every  purpose,  the  use  of  the  streets,  highways,  public 
thoroughfares,  public  places,  alleys  and  sidewalks  of  the  City  and 
County. 

Permits  for  Spur  Tracks  on  Streets. 

3.  To  permit  the  laying  down  of  spur  or  side  tracks  and  run- 
ning of  cars  thereon  for  industrial  purposes  only,  for  the  purpose 
of  connecting  warehouses,  manufactories  or  other  business  indus- 
tries and  enterprises  with  the  Belt  Line  of  railroads  along  the 
water  front  or  other  lines  of  railroad  which  now  or  may  here- 
after enter  the  City  and  County,  subject  to  such  regulations  and 
conditions  as  may  be  prescribed  from  time  to  time  by  said  Board 
of  Supervisors ;  such  tracks  to  be  used  for  transportation  of  freight 
only,  and  not  to  be  used  as  a  main  line  or  a  part  thereof; 
and  also  for  the  purpose  of  excavating  and  filling  in  a  street  or 
portion  of  a  street  or  the  adjoining  land,  and  for  such  limited 
time  as  may  be  necessary  for  such  purpose  and  no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must  be 
operated  under  such  restrictions  as  not  to  interfere  with  the  use 
of  such  streets  by  the  public.  All  permits  granted  under  the  pro- 
visions hereof  shall  be  revocable  at  the  pleasure  of  the  Board  of 
Supervisors.  All  spur  or  side  tracks  laid  down  and  in  use  on  the 
first  day  of  July,  1907,  shall  be  deemed  to  have  been  laid  down 
and  to  be  in  use  by  permission  of  the  Board  of  Supervisors,  sub- 
ject to  the  provisions  of  this  section. — As  amended  November  5, 
1907;  approved  by  the  Legislature  November  23,  1907  (Statutes 
Special  Session,  1907,  page  55). 

Street  Sweepings. 

4.  To  empower  street  railway  companies,  under  such  condi- 
tions as  the  Board  may  see  fit  to  impose,  to  convey  street  sweep- 
ings and  offal  to  the  public  parks. 

Fire  Limits. 

5.  To  fix  the  limits  within  which  wooden  buildings  or  struc- 
tures shall  not  be  erected,  placed  or  maintained,  and  to  prohibit 
the  same  within  such  limits.  Such  limits  when  once  established 
shall  not  be  changed  except  by  extension. 

Nuisances. 

6.  To  provide  for  the  abatement  or  summary  removal  of  any 
nuisance  and  to  condemn  and  to  prevent  the  occupancy  of  unsafe 
structures. 

Passenger  Vehicles. 

7.  To  regulate  the  use  of  hackney  carriages  and  public  pas- 
senger vehicle^,  and  to  fix  the  rates  to  be  charged  for  the  trans- 
portation of  persons  or  personal  baggage. 


10  Charter  of  the  City  and  County  of  San  Francisco. 

Public  Pound. 

8.  To  provide  a  public  pound  and  to  make  all  necessary  rules 
and  regulations  in  the  matter  of  animals  running  at  large,  and 
for  the  custody  and  destruction  of  the  same. 

Morgue. 

9.  To  provide  and  maintain  a  morgue. 

Places  for  Detention. 

10.  To  provide  for  places  for  the  detention  of  witnesses  and 
persons  charged  with  insanity,  separate  and  apart  from  places 
where  criminals  or  persons  accused  of  public  offenses  are  impris- 
oned. 

Prisons,  Hospitals  and  Almshouses. 

11.  To  establish,  maintain  and  regulate,  and  change,  discon- 
tinue and  re-establish  City  and  County  jails,  prisons  and  houses 
of  detention,  punishment,  confinement  and  reformation,  hospitals 
and  almshouses. 

Acquire  Property. 

12.  To  purchase  or  acquire  by  condemnation  such  property  as 
may  be  needed  for  public  use.    • 

Water,  Heat,  Light,  Power,  Etc. 

13.  Except  as  otherwise  provided  in  this  Charter,  to  regulate 
and  control  the  location  and  quality  of  all  appliances  necessary 
to  the  furnishing  of  water,  heat,  light,  power,  telephonic  and  tele- 
graphic service  to  the  City  and  County,  and  to  acquire,  regulate 
and  control  any  and  all  appliances  for  the  sprinkling  and  clean- 
ing of  the  streets  of  the  City  and  County,  and  for  flushing  the 
sewers  therein. 

Regulation  of  Public  Utility  Rates. 

14.  To  fix  and  determine  by  ordinance  in  the  month  of  Feb- 
ruary of  each  year,  to  take  effect  on  the  first  day  of  July  there- 
after, the  rates  or  compensation  to  be  collected  by  any  person, 
company  or  corporation  in  the  City  and  County,  for  the  use  of 
water,  heat,  light,  power  or  telephonic  service,  supplied  to  the 
City  and  County,  or  to  the  inhabitants  thereof,  and  to  prescribe 
the  quality  of  the  service. — As  amended  November  5,  1907; 
approved  by  the  Legislature  November  23,  1907  (Statutes  Special 
Sessions,  1907,  page  55). 

License  Taxes,  Exemption. 

15.  To  impose  license  taxes  and  to  provide  for  the  collection 
thereof;  but  no  license  taxes  shall  be  imposed  upon  any  person 
who,  at  any  fixed  place  of  business  in  the  City  and  County,  sells 
or  manufactures  goods,  wares  or  merchandise,  except  such  as  re- 
quire permits  from  the  Board  of  Police  Commissioners  as  pro- 
vided in  this  Charter, 


Article  II,  Chapter  II.    Legislative  Department.  11 

Fines  and  Penalties, 

16.  To  prescribe  fines,  forfeitures  and  penalties  for  the  breach 
of  any  ordinance ;  but  no  penalty  shall  exceed  the  amount  of  five 
hundred  dollars  or  six  months'  imprisonment,  or  both. 

Fees. 

17.  To  fix  the  fees  and  charges  for  all  official  services  not 
otherwise  provided  for  in  this  Charter. 

Fourth  of  July.     Memorial  Day. 

18.  To  allow  not  to  exceed  two  thousand  five  hundred  dollars 
in  any  year  for  the  celebration  of  the  anniversary  of  our  National 
Independence,  and  not  to  exceed  five  hundred  dollars  in  any  year 
for  the  observance  of  Memorial  Day. 

Cruelty  to  Animals. 

19.  To  appropriate  such  sums  as  may  be  paid  into  the  treasury 
from  fines  collected  on  conviction  of  persons  charged  with  cruelty 
to  animals,  and  to  authorize  the  payment  of  the  same  or  some 
part  thereof  to  any  society  that  shall  efficiently  aid  in  such  con- 
victions. 

Interpreters'  Compensations. 

20.  To  provide  for  the  payment  of  compensation  to  the  inter- 
preters appointed  by  the  Judges  of  the  Superior  Court  to  inter- 
pret testimony  in  criminal  cases  in  said  Court  or  the  Police  Court, 
or  upon  inquests  and  examinations.  Such  compensation  shall  not 
exceed  one  hundred  dollars  a  month  for  each  interpreter. 

Rewards  to  Catch  Criminals. 

21.  To  offer  rewards  not  exceeding  one  thousand  dollars  in 
any  one  instance  for  the  apprehension  and  conviction  of  any  per- 
son who  may  have  committed  a  felony  in  the  City  and  County, 
and  to  authorize  the  payment  thereof. 

Sewer  System  Fund. 

22.  To  provide  in  the  annual  tax  levy  for  a  special  fund  to  be 
used  in  the  construction  of  a  general  system  of  drainage  and 
sewerage. 

Official  Seals. 

23.  To  provide  a  Seal  for  the  City  and  County,  and  Seals  for 
the  several  departments,  boards  and  officers  thereof,  and  a  Seal 
for  the  Police  Court. 

Hours  and  Wages  of  Laborers. 

24.  To  fix  hours  of  labor  or  service  required  of  all  laborers 
in  the  service  of  the  City  and  County,  and  to  fix  their  compensa- 
tion; provided  that  eight  hours  shall  be  the  maximum  hours  of 
labor  in  any  calendar  day,  and  that  the  minimum  wages  of  labor- 
ers shall  be  three  dollars  a  day. — As  amended  November  15,  1910: 
approved  by  the  Legislature  February  17,  1911  (Statutes,  1911, 
page  1661). 


12  Charter  of  the  City  and  County  of  San  Francisco. 

Boulevards. 

25.  To  set  apart  as  a  boulevard  or  boulevards  any  street  or 
streets,  or  portions  of  a  street  or  streets,  over  which  there  is  no 
existing  franchise  for  any  street  railroad. 

Tunnels. 

26.  To  construct  or  permit  the  construction  of  tunnels,  under 
such  rules  and  regulations  as  the  Board  may  prescribe. 

Regulation  of  Street  Railways. 

u.  To  regulate  street  railroads,  tracks  and  cars;  to  permit 
Kwo  or  more  lines  of  street  railways,  operated  under  different 
managements,  to  use  the  same  street,  each  paying  an  equal  portion 
for  the  construction  and  repair  of  the  tracks  and  appurtenances 
used  by  said  railways  jointly  for  such  number  of  blocks  consecu- 
tively, not  exceeding  ten  blocks,  to  fix,  establish  and  reduce  the 
fares  and  charges  for  transporting  passengers  and  goods  thereon ; 
to  regulate  rates  of  speed,  and  to  pass  ordinances  to  protect  the 
public  from  danger  or  inconvenience  in  the  operation  of  such 
roads. — As  amended  December  4,  1902;  approved  hy  the  Legis- 
lature February  5,  1903   (Statutes,  1903,  page  586). 

Entry  to  the  City  of  Steam  Railroads, 

28.  To  allow  any  transcontinental  or  other  railroad  company 
having  not  less  than  fifty  miles  of  road  actually  constructed  and 
in  operation  to  enter  the  City  and  County  with  its  road  and  run 
its  cars  to  the  water  front  at  the  most  suitable  point  for  public 
convenience.  No  exclusive  right  shall  be  granted  to  any  railroad 
company ;  and  the  use  of  all  such  rights  shall  at  all  times  be  sub- 
ject to  regulation  by  the  Supervisors. 

Every  ordinance  granting  such  right  shall  be  upon  the  condi- 
tions that  said  company  shall  pave  and  keep  in  repair  the  street 
from  curb  to  curb  in  such  a  manner  and  with  such  material  as 
may  from  time  to  time  be  prescribed  by  the  Supervisors,  and  that 
such  company  shall  allow  any  other  railroad  company  to  use  in 
common  with  it  the  same  track  or  tracks,  each  paying  an  equal 
portion  for  the  construction  and  repair  of  the  tracks  and  appur- 
tenances used  by  such  railways  jointly. 

Conveyance  of  Lands. 

29.  To  convey  lands  in  accordance  with  the  provisions  of  the 
Act  of  the  Legislature  of  the  State  of  California,  entitled  ''An 
Act  to  expedite  the  settlement  of  land  titles  in  the  City  and 
County  of  San  Francisco,  and  to  ratify  and  confirm  the  acts  and 
proceedings  of  certain  of  the  authorities  thereof,"  approved 
March  14,  1870. 

Trusts. 

30.  To  provide  for  the  execution  of  all  trusts  confided  to  the 
City  and  County. 


Article  II,  Chapter  II.    Legislative  Department.  13 

Vacant  Lots. 

31.  To  transfer  from  one  department  of  the  City  Government 
vacant  and  unused  lots  of  land  to  another  department. 

Lease  of  Lands  of  the  City. 

32.  To  provide  for  the  lease  of  any  lands  now  or  hereafter 
owned  by  the  City  and  County;  but  all  leases  shall  be  made  at 
public  auction  to  the  highest  responsible  bidder  at  the  highest 
monthly  rent,  after  publication  of  notice  thereof  for  at  least  three 
weeks.  No  lease  shall  be  authorized  except  by  ordinance  passed 
by  the  affirmative  vote  of  two-thirds  of  the  members  of  the  Board, 
and  approved  by  the  Mayor,  and  no  lease  shall  be  made  for  a 
longer  period  than  twenty  years. 

Sale  of  Useless  Property. 

33.  To  provide  for  the  sale  at  public  auction,  after  advertising 
for  five  days,  of  personal  property  unfit  or  unnecessary  for  the 
use  of  the  City  and  County. 

Purchase  of  Property. 

34.  To  provide  for  the  purchase  of  property  levied  upon  or 
under  execution  in  favor  of  the  City  and  County ;  but  the  amount 
bid  on  such  purchase  shall  not  exceed  the  amount  of  judgment 
and  costs. 

Mayor's  Contingent  Fund. 

35.  The  Supervisors  must  appropriate  annually  to  the  Mayor 
thirty-six  hundred  dollars  as  and  for  a  contingent  fund,  for  which 
he  need  furnish  no  vouchers. 

To  Aid  Indigent  and  Exempt  Firemen. 

36.  To  allow  not  to  exceed  the  sum  of  five  thousand  dollars  a 
year  for  the  relief  of  aged,  indigent  and  infirm  exempt  firemen 
who  served  in  the  Volunteer  Fire  Department  between  the  years 
1850  and  1866. — As  amended  December  4,  1902;  approved  hy  the 
Legislature  February  5,  1903  (Statutes,  1903,  page  586). 

Giving  Permit  to  Panama-Pacific  International   Exposition. 

37.  The  Board  of  Supervisors  shall  pass  such  ordinances  gov- 
erning the  use  and  closing  of  streets,  the  erection,  use,  alteration, 
demolition  and  control  of  buildings  and  structures  of  every  nature 
and  description;  the  installation,  use  and  control  of  plumbing, 
water,  gas,  steam,  sewerage  and  other  pipes  and  instrumentalities; 
the  use  and  control  of  electric  light,  power,  and  other  wires,  con- 
duits, generating,  transmitting  and  other  apparatus;  the  erection 
and  maintenance  of  steam  boilers,  steam,  gas,  and  other  engines 
and  apparatus;  the  maintenance  and  control  of  fire  and  police 
protection,  and  governing  any  and  every  other  matter  necessary, 
proper  or  expedient  for  the  safety,  convenience  and  welfare  of  the 
public  within  that  portion  of  the  City  and  County  5f  San  Fran- 
cisco which  has  been  or  may  be  selected  as  the  site  for  the  holding 


14  Charter  of  the  City  and  County  of  San  Francisco. 

of  the  Panama-Pacific  International  Exposition.  The  provisions 
hereof,  and  the  ordinances  adopted  hereunder,  shall  supersede  all 
conflicting  provisions  of  this  Charter,  and  all  conflicting  provisions 
of  any  ordinance  heretofore  passed,  so  far  as  the  same  apply  to 
the  site  herein  specified,  until  the  first  day  of  January,  1917; 
provided,  that  no  ordinance  passed  by  virtue  of  any  provision 
herein  contained  shall  be  operative  outside  of  the  limits  of  the  site 
hereinabove  specified. ^i\^et(;  subdivision  added  hy  amendment 
December  10,  1912,  approved  by  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Bureau  of  Supplies. 

38.  To  provide  for  and  regulate  the  purchase,  storage  and 
distribution  of  all  supplies  for  the  various  offices  and  departments, 
and  may  provide  for  the  establishment  of  a  Bureau  of  Supplies, 
and  the  employment  of  a  Chief  of  such  bureau,  with  necessary 
employees  and  salaries  therefor.  The  Bureau  so  established  may 
furnish  all  supplies  and  materials  required  by  any  officer  or  depart- 
ment of  the  City  and  County. — New  subdivision,  added  by  amend- 
ment December  10,  1912,  approved  by  the  Legislature  March  28, 
1913  (StaMites,  1913,  page  1602). 

Form  of  Demands. 

39.  To  prescribe  the  forms  in  which  demands  against  the 
treasury  shall  be  made  and  presented,  and  the  forms  in  which  war- 
rants shall  be  drawn  by  the  Auditor  and  delivered  for  the  payment 
thereof. — New  subdivision  added  by  amendment  December  10, 
1912,  approved  by  the  Legislature  March  28,  1913  (Statutes,  1913, 
page  1602). 

Uniform  System  of  Accounting. 

40.  To  prescribe  a  uniform  system  of  accounting  for  the  various 
offices  and  departments. — New  subdivision  added  by  amendment 
December  10,  1912,  approved  by  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Records,  Documents  and  Files. 

41.  To  prescribe  forms,  methods  and  facilities  for  keeping  the 
records,  documents  and  files  in  any  office  or  department  of  the 
City,  and  County,  unless  otherwise  provided  by  general  laws. — 
New  subdivision  added  hy  amendment  December  10, 1912,  approved 
by  the  Legislature  March  28,  1913   (Statutes,  1913,  pa^ge  1602). 

Planning  Commission. 

42.  To  provide  by  ordinance  for  the  establishment  of  a  City 
Planning  Commission,  which  shall  devise  plans  for  the  improve- 
ment and  beautification  of  San  Francisco.  Members  of  said  Plan- 
ning Commission  shall  receive  no  compensation  and  shall  not  be 
subject  to  any  prohibition  forbidding  officials  from  holding  more 
than  one  office  or  position.  The  Board  of  Supervisors  shall  pre- 
scribe the  duties  of  said  Commission,  the  number  and  qualifica- 


Article  II,  Chapter  II.    Legislative  Department,  15 

tions  of  the  members  thereof,  and  in  general  shall  enact  all  legisla- 
tion not  expressly  forbidden  by  this  Charter  or  by  general  law 
necessary  or  incident  to  carrying  into  execution  the  propositions  for 
which  said  City  Planning  Commission  is  instituted. — New  subdi- 
vision added  by  amendment  December  10,  1912,  approved  by  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Public  Aquarium. 

43.  To  accept  gifts  of  buildings,  properties  and  moneys  for 
the  purpose  of  establishing  and  maintaining  a  public  aquarium, 
and  to  appropriate  from  the  general  fund  of  the  City  and 
County  not  less  than  twenty  thousand  dollars  annually  for  the 
support  and  maintenance  of  a  public  aquarium. — New  subdivision 
added  by  amendment,  November  7 ,  1916,  approved  by  the  Legis- 
lature January  18,  1917  (Statutes,  1917,  page  1708). 

Steinhart  Aquarium. 

Subdivision  43-A.  The  devise  and  bequest  of  Ignatz  Steinhart, 
deceased,  of  the  sum  of  $250,000  for  the  erection  and  completion 
of  an  Aquarium  to  be  located  in  Golden  Gate  Park  in  the  City  and 
County  of  San  Francisco  for  the  use  and  enjoyment  of  the  people 
of  the  City  and  County  of  San  Francisco,  the  management,  super- 
intendence and  operation  of  which  is  to  be  in  charge  and  under  the 
direction  of  the  California  Academy  of  Sciences  of  San  Francisco, 
is  hereby  accepted,  said  devise  and  bequest  being  as  follows : 

"It  being  my  earnest  desire,  to  provide  the  citizens  of  San 
Francisco  with  an  Aquarium  to  be  erected  in  the  Golden  Gate 
Park  of  said  City,  and  to  be  called  the  '  Steinhart  Aquarium ' ;  and 
provided  such  an  Aquarium  has  not  heretofore  been  constructed 
or  placed  in  operation  by  me  or  any  other  party  or  parties,  I 
hereby  give,  devise  and  bequeath  to  the  California  Academy  of 
Sciences  of  San  Francisco,  the  sum  of  ($250,000)  two  hundred  and 
fifty  thousand  dollars,  for  the  erection  and  completion  of  an 
Aquarium  to  be  located  in  the  Golden  Gate  Park  of  said  City  of 
San  Francisco,  and  adjacent  or  adjoining  to  the  new  buildings 
and  museum  of  said  Academy  of  Sciences  in  said  Park  and 

Subject  to  the  following  conditions: 

I.  Said  Aquarium  as  aforementioned,  to  be  called  the  Stein- 
hart Aquarium,  and  a  bronze  bust  or  statue  of  my  brother  Sig- 
mund  Steinhart,  now  deceased,  but  joint  donor  with  me,  to  be 
erected  and  displayed  in  some  convenient  place  in  said  Aquarium 
building. 

II.  The  location,  plans  and  specifications  as  also  of  the  appur- 
tenances and  installations  therein,  to  be  submitted  to  my  executors 
and  to  be  approved  by  same. 

III.  The  final  cost  of  said  Aquarium  not  to  exceed  to  my  estate 
the  sum  of  said  $250,000  aforementioned,  to  be  certified  to  by  the 
original  officials  of  said  Academy  of  Sciences  and  the  architect 
selected  for  the  construction  of  said  Aquarium. 


16  Charter  of  the  City  and  County  of  San  Francisco. 

IV.  The  management,  superintendence  and  operation  of  said 
Aquarium  to  be  in  charge  and  under  the  direction  of  said  Acad- 
emy of  Sciences;  and  I  expect  that  the  necessary  funds  for  the 
maintenance  and  operation  of  said  Aquarium  will  be  furnished  by 
the  City  of  San  Francisco  for  the  benefit  of  the  inhabitants  thereof 
or  others,  who  may  enjoy  said  Aquarium  or  derive  knowledge  and 
information  therefrom. 

In  case,  however,  during  my  lifetime  an  Aquarium  should  have 
been  erected  and  exist,  in  said  Golden  Gate  Park,  then  said  be- 
quest of  $250,000  is  to  be  null  and  void  and  hereby  cancelled. 

And  in  lieu  thereof,  I  hereby  give,  devise  and  bequeath  to  said 
Academy  of  Sciences  the  sum  of  ($150,000)  one  hundred  and  fifty 
thousand  dollars,  for  the  enlargement  and  extension  of  the 
Aquarium  then  existing.  I  would  suggest  that  a  Terrarium  and 
Exhibit  of  Insects  be  installed  in  said  enlarged  Aquarium.  Loca- 
tion plans  and  specifications  for  the  latter,  are  likewise  to  be 
approved  by  my  executors,  and  conditions  and  clauses  I  to  IV 
heretofore  mentioned,  should  as  far  as  feasible  and  practical' 
apply  to  said  bequest  of  $150,000  for  said  enlargement  and  exten- 
sion of  said  Aquarium. ' ' 

The  Board  of  Supervisors  is  hereby  empowered  to  pass  any 
ordinance  necessary  to  carry  into  full  force  and  effect  the  terms, 
conditions  and  provisions  of  said  devise  and  bequest,  to  accept 
any  further  gifts  of  money,  properties  or  buildings  for  the  exten- 
sion or  support  of  said  Steinhart  Aquarium,  under  the  manage- 
ment, superintendence  and  operation  of  the  California  Academy 
of  Sciences  of  San  Francisco  and  to  authorize  the  expenditure  of 
such  sum  of  money  as  shall  be  appropriated  from  the  General 
Fund  of  the  City  and  County  of  San  Francisco  under  the  pro- 
visions of  Subdivision  43,  Section  1,  Chapter  II,  Article  II  of  the 
Charter  through  the  California  Academy  of  Sciences  of  San  Fran- 
cisco for  the  support  and  maintenance  of  said  Steinhart  Aquarium 
under  such  regulations  as  said  Board  of  Supervisors  may  prescribe 
by  Ordinance. — New  subdivision  added  hy  amendment  November  5, 
1918,  approved  hy  the  Legislature  January  17,  1919  (Statutes,^ 
1919). 

Equalization  Board. 

Sec.  2.  The  Supervisors  shall  constitute  the  Board  of  Equali- 
zation of  the  City  and  County.  The  Clerk  of  the  Supervisors 
shall  be  Clerk  of  the  Board  of  Equalization  by  virtue  of  his  office. 

Finance  Committee:     Duties  and  Powers. 

Sec.  3.  The  Board  of  Supervisors  shall  appoint  from  its  mem- 
bers a  committee  consisting  of  three  to  be  denominated  Finance 
Committee,  and  shall  fill  all  vacancies  in  the  Committee.  The 
Committee  shall  investigate  the  transactions  and  accounts  of  all 
officers  having  the  collection,  custody  or  disbursement  of  public 
money,  or  having  the  power  to  approve,  allow,  or  audit  demands 


Article  II,  Chapter  II.    Legislative  Department.  17 

on  the  treasury ;  shall  have  free  access  to  any  records,  books  and 
papers  in  all  public  offices;  shall  have  power  to  administer  oaths 
and  affirmations,  and  to  examine  witnesses,  and  compel  their  at- 
tendance before  them  by  subpoena.  The  Committee  may  at  any 
time  visit  any  of  the  public  offices  and  make  its  examinations  and 
investigations  therein  without  hindrance. 

The  Committee  must,  at  least  once  in  every  six  months,  exam- 
ine the  official  bonds  of  all  City  and  County  officers,  and  inves- 
tigate the  sufficiency  and  solvency  of  the  sureties  thereon,  and 
report  in  writing  the  facts  to  the  Mayor.  Such  report  shall 
specify  each  bond  with  the  sureties,  and  the  amounts  for  which 
each  surety  is  bound,  and  state  whether  or  not  they  are  sufficient 
and  solvent.  Upon  such  report  the  Mayor  shall  take  such  action 
as  shall  be  necessary  to  protect  the  City  and  County,  and  may 
require  new  bonds  when  necessary,  and  he  may  suspend  any 
officer  till  a  sufficient  bond  is  filed  and  approved. 

Expert  Books  of  Quasi-Public  Corporations.     Misdemeanors  in  Office. 

Sec.  4.  The  Finance  Committee  shall  have  power,  and  it  shall 
be  its  duty  to  examine  the  records  and  examine  and  expert  the 
books  of  account  of  all  persons,  companies  or  corporations  that 
are  required  to  pay  a  portion  of  their  gross  receipts  into  the  treas- 
ury; and  shall  likewise,  as  an  aid  to  the  fixing  of  rates  for  fur- 
nishing water  and  light  to  the  City  and  County  and  to  the  inhab- 
itants thereof,  have  like  power,  and  it  shall  be  its  duty,  to  examine 
the  records  and  examine  and  expert  the  books  of  account  of  any 
and  all  persons,  companies  or  corporations  so  furnishing  water 
or  light. 

In  the  exercise  of  its  functions,  the  concurrence  of  two  mem- 
bers of  the  Committee  shall  be  deemed  sufficient.  The  Committee 
shall  keep  a  record  of  its  proceedings  with  the  names  of  the  wit- 
nesses examined  and  a  substantial  statement  of  the  evidence  taken. 
If,  from  the  examination  made  by  the  Committee,  it  shall  appear 
that  a  misdemeanor  in  office,  or  a  defalcation,  has  been  committed 
by  an  officer,  the  Committee  shall  immediately  report  to  the  Mayor, 
who,  if  he  approve  the  report,  shall  take  such  proceedings  against 
such  officer  as  are  authorized  by  law,  and  may  suspend  him  pend- 
ing such  proceedings.  Any  police  officer  shall  execute  the  process 
and  orders  of  the  Committee. 

No  Exclusive  Franchise. 

Sec.  5.  No  exclusive  franchise  or  privilege  shall  be  granted  for 
laying  pipes,  wires  or  conduits. 

Street  Railway  Franchises:     Method  of  Granting. 

Sec.  6.  The  Board  of  Supervisors  shall  have  power  to  grant 
authority  for  a  term  not  exceeding  twenty-five  years  to  construct 
and  operate  street  railways  upon,  or  over,  or  under,  the  streets 
or  parts  of  streets  of  the  City  and  County  not  reserved  for  boule- 
vards or  carriage  driveways,  upon  the  following  conditions  and 
in  the  following  manner  and  none  other : 


18  Charter  of  the  City  and  County  of  San  Francisco. 

Upon  application  being  made  to  the  Board  for  any  such  fran- 
chise, it  shall  by  resolution  determine  whether  such  franchise  or 
any  part  thereof  should  be  granted,  and  at  said  time  shall  deter- 
mine on  what  conditions  the  same  shall  be  granted  additional  to 
those  conditions  provided  in  this  Chapter.  After  such  determina- 
tion, it  shall  cause  notice  of  such  application  and  resolution  to  be 
advertised  in  the  official  newspaper  of  the  City  and  County  for  ten 
consecutive  days.  Such  advertisement  must  be  completed  not  less 
than  twenty  nor  more  than  thirty  days  before  any  further  action 
is  taken  by  the  Board  on  such  application.  The  advertisement 
must  state  the  character  of  the  franchise  sought,  the  term  of  its 
proposed  continuance,  and  the  route  to  be  traversed;  that  sealed 
bids  will  be  received  up  to  a  certain  hour  on  a  day  to  be  named 
in  the  advertisement;  and  a  further  statement  that  no  bids  will 
be  received  of  a  stated  amount,  but  that  all  bids  must  be  for  the 
payment  to  the  City  and  County  in  lawful  money  of  the  United 
States  of  a  stated  percentage  of  the  gross  annual  receipts  of  the 
person,  company  or  corporation  to  whom  the  franchise  may  be 
awarded,  arising  from  its  use,  operation,  enjoyment  or  possession. 

Every  bidder  shall  file  with  his  bid  a  bond  executed  to  the  City 
and  County,  with  at  least  two  good  and  sufficient  sureties  to  be 
approved  by  the  Mayor  in  a  penal  sum  prescribed  by  the  Super- 
visors, and  set  forth  in  such  advertisement,  conditioned  that  such 
bidder  will  well  and  truly  observe,  fulfill  and  perform  each  and  all 
of  the  conditions,  terms  and  obligations  of  the  franchise  for  which 
said  application  was  made  in  case  the  same  shall  be  awarded  to 
him,  and  that  in  case  of  the  breach  of  any  of  the  conditions  of 
such  bond,  the  whole  amount  of  the  penal  sum  therein  named 
shall  be  taken  to  be  liquidated  damages,  and  that  as  such  shall  be 
recoverable  from  the  principal  and  sureties  on  such  bond. 

At  the  next  regular  session  after  the  expiration  of  the  time 
stated  in  such  advertisement  up  to  which  such  bids  will  be  re- 
ceived, the  Board  must  open  such  bids  and  award  the  franchise 
to  the  person,  company  or  corporation  offering  to  pay  the  highest 
stated  percentage  of  the  gross  receipts  arising  from  the  use,  oper- 
ation, possession  or  enjoyment  of  the  franchise  for  which  such 
application  was  made.  But  no  award  shall  be  made,  nor  any  such 
application  granted,  unless  the  stated  percentage  offered  to  be 
paid  for  the  franchise  shall  be  at  least  three  per  centum  of  such 
gross  receipts  during  the  first  five  years  of  the  period  for  which 
the  franchise  is  to  be  granted,  four  per  centum  of  the  gross  receipts 
during  the  next  succeeding  ten  years,  and  five  per  centum  of  the 
gross  receipts  during  the  next  succeeding  ten  years. 

Except  as  in  this  section  otherwise  provided,  bidding  for  such 
franchises  must  be  in  accordance  with  the  provisions  of  this 
Charter  in  relation  to  bids  made  to  the  Board  of  Public  Works, 
so  far  as  such  provisions  may  be  applicable.  The  Supervisors 
may  reject  any  and  all  bids,  and  may  refuse  to  grant  a  franchise 
for  any  part  of  the  route  for  which  application  was  made.    Every 


Article  II,  Chapter  II.    Legislative  Department.  19 

ordinance  making  such  grant  shall  require  the  concurrence  of 
three-fourths  of  all  the  members  of  the  Board  of  Supervisors,  as 
shown  by  the  ayes  and  noes,  and  the  approval  of  the  Mayor,  and 
at  least  ninety  days  shall  intervene  between  the  introduction  and 
final  passage  of  any  such  ordinance.  It  shall  require  a  vote  of 
five-sixths  of  all  the  Supervisors  to  pass  the  ordinance  notwith- 
standing the  objections  of  the  Mayor. 

If  any  bid  be  accepted,  the  franchise  must  be  granted  upon  the 
express  condition,  in  addition  to  the  conditions  required  by  this 
Charter,  and  such  other  conditions  as  may  be  prescribed  by  the 
Supervisors,  that  the  per  centum  of  the  gross  receipts  of  the  rail- 
way shall  be  paid  into  the  treasury  on  or  before  the  tenth  day  of 
the  next  ensuing  month  after  such  gross  receipts  shall  have  been 
earned ;  and  upon  the  further  condition  that  the  whole  of  the  rail- 
way shall  be  continuously  operated,  and  that  at  the  end  of  the 
term  the  road-track  and  bed  of  such  railway  and  all  its  stationary 
fixtures  upon  the  public  streets,  shall  become  the  property  of  the 
City  and  County ;  and  that  the  grantees  w^ill,  within  one  hundred 
days  after  the  date  of  such  grant,  commence  the  construction  of 
such  raihvay,  and  continuously  thereafter,  in  each  and  every* 
month  until  the  completion  thereof,  expend  in  such  construction 
at  least  the  sum  of  three  thousand  dollars. 

The  failure  to  comply  with  any  of  said  conditions  shall  work 
an  immediate  forfeiture  of  such  franchise  and  the  road  or  track 
constructed  thereunder.  There  shall  be  no  power  in  the  Super- 
visors to  relieve  from  such  forfeiture  or  from  any  of  said  condi- 
tions. On  or  before  the  tenth  day  of  each  month  after  said  re- 
ceipts shall  have  been  earned,  the  President  and  Secretary  of  said 
railway  company  shall  make  and  file  with  the  Clerk  of  the  Board 
of  Supervisors  a  sworn  statement  of  the  gross  receipts  of  such 
railway  for  the  preceding  month. 

In  granting  any  such  franchise  the  Board  of  Supervisors  shall 
impose  such  other  lawful  conditions  as  it  may  deem  advisable, 
and  must  expressly  provide  that  the  franchise  shall  not  be  re- 
new^ed  or  regranted,  and  that  the  Board  shall  at  all  times  have  the 
power  to  regulate  the  rates  of  fare  to  be  charged  by  those  using, 
operating,  possessing  or  enjoying  the  franchise,  and  that  the 
Finance  Committee  of  the  Board  shall  at  all  times  be  permitted 
to  examine  and  expert  their  books  as  to  such  gross  receipts.  All 
moneys  received  for  such  franchises  and  in  payment  of  the  said 
per  centum  shall  be  credited  to  the  General  Fund. 

Electric    Power    and    Lighting    Franchises.      Conditions    and     Manner    of 
Granting  Same. 

Sec.  7.  The  Supervisors  shall  have  no  power  to  grant  fran- 
chises or  privileges  to  erect  poles  or  wires  for  transmitting  elec- 
tric power  or  for  lighting  purposes  along  or  upon  any  public 
street  or  highway  of  the  City  and  County  except  upon  all  the  con- 
ditions and  in  the  manner,  including  competitive  bidding  and  pay- 


20  Charter  of  the  City  and  County  of  San  Francisco. 

ment  of  a  percentage  of  gross  receipts,  hereinbefore  set  out,  and 
upon  the  further  condition  that  the  Board  shall  at  all  times  have 
the  right  to  regulate  the  charges  of  any  person,  company  or  cor- 
poration using,  enjoying  or  possessing  such  franchise  or  privilege. 

When,  on  the  expiration  of  any  street  railroad  franchise,  it 
shall  be  deemed  inexpedient  by  the  Board  to  use  any  of  the  prop- 
erty reverting  to  it  by  reason  of  such  expiration  in  the  operation 
of  a  street  railroad,  then  the  Board  shall  have  power  to  lease  such 
property  to  any  person,  company  or  corporation  after  the  notice, 
on  the  terms,  and  in  the  manner  above  provided  as  to  the  granting 
of  street  railroad  franchises,  as  far  as  the  same  may  be  applicable. 
But  no  ordinance  authorizing  such  lease  shall  be  passed  prior  to 
ninety  days  next  preceding  the  expiration  of  such  franchise. 

Any  ordinance  granting  a  franchise  or  authorizing  a  lease  under 
the  provisions  of  this  section  shall  be  in  force  from  and  after  the 
expiration  of  thirty  days  from  the  date  of  its  signature  by  the 
Mayor,  or  from  and  after  the  expiration  of  thirty  days  from  the 
date  of  its  passage  by  the  Supervisors  over  his  objections,  unless 
within  said  thirty  days  a  petition  signed  by  a  number  of  the 
electors  of  the  City  and  County  equal  to  fifteen  per  centum  of 
the  votes  cast  at  the  last  preceding  election,  shall  have  been  filed 
with  the  Supervisors,  asking  that  said  ordinance  be  submitted 
to  the  vote  of  the  people.  In  such  case  said  ordinance  shall  be 
submitted  at  the  next  election  to  the  vote  of  the  electors  of  the 
City  and  County,  and  unless  said  ordinance  shall  at  said  election 
receive  in  its  favor  a  majority  of  the  votes  cast  thereon  it  shall 
have  no  force  or  effect  for  any  purpose.  If  a  majority  of  the 
votes  be  in  favor  of  such  ordinance,  the  Board  of  Election  Com- 
missioners shall,  on  the  conclusion  of  the  canvass  of  the  vote 
thereon,  proclaim  such  fact,  and  upon  such  proclamation  said 
ordinance  shall  have  full  force  and  effect  as  of  the  date  afore- 
said. Said  petition  and  submission  shall  be  made  in  accordance 
with  the  provisions  of  section  twenty  of  Chapter  I  of  this  Article. 

[Note — For  further  conditions  relating  to  franchises  see  Sec- 
tions 7a,  7b,  7c,  Chapter  II,  Article  III.] 

Claims  for  Damages  Against  tiie  City. 

Sec.  8.  All  claims  for  damages  against  the  City  and  County 
r^nst  be  r»r'>sentRd  to  the  Bo«rd  of  Supervisors  and  filed  with  the 
Clerk  within  six  months  after  the  occurrence  from  which  the 
damages  are  claimed  to  have  arisen;  otherwise  there  shall  be  no 
recovery  on  any  such  claim. 

Sales  of  Certain  Lands  and  Procedure  Tlierefor. 

Sec.  9.  The  City  and  County  of  San  Francisco  shall  have 
power  to  sell  all  lands  owned  by  the  City  and  County  between 
Ninth  street  and  Eighteenth  street,  lying  in  what  was  formerly 
Mission  Creek,  and  any  and  all  lands  that  may  be  hereafter  ac- 
quired, excepting  lands  for  parks,  squares  and  children's  play- 


Article  II,  Chapter  II.    Legislative  Department.  21 

grounds,  and  the  Board  of  Supervisors  of  said  City  and  County 
may  by  ordinance  determine  that  the  public  interest  or  necessity 
demands  the  sale  of  such  lands  so  owned  or  held  by  the  City  and 
County. 

^uch  ordinance  must  describe  the  lands  to  be  sold,  and  the 
terms  of  sale,  which  must  be  for  cash  in  United  States  gold  coin. 
The  land  may  be  sold  in  one  parcel  or  in  subdivisions,  as  the 
Supervisors  may,  in  such  ordinance,  determine,  and  sales  shall 
be  made  by  the  Mayor,  as  hereinafter  provided. 

Every  such  sale  must  be  at  public  auction,  unless  the  Super- 
visors shall,  in  and  by  such  ordinance,  determine  that  all  or  a  por- 
tion of  such  lands  shall  be  sold  at  private  sale. 

When  a  sale  at  public  auction  is  to  be  had,  the  Clerk  of  the 
Board  of  Supervisors  must  give  notice  thereof  by  publishing  the 
same  in  the  official  newspaper,  and  one  other  daily  newspaper 
published  in  the  City  and  County,  at  least  three  weeks  succes- 
sively next  before  the  sale,  which  said  notice  shall  describe  the 
lands  to  be  sold,  with  common  certainty. 

Such  sales  at  public  auction  must  be  made  in  the  City  and 
County,  and  must  be  between  the  hours  of  9  o'clock  in  the  morn- 
ing and  5  o'clock  in  the  afternoon,  and  must  be  made  on  the  day 
named  in  the  notice  of  sale,  unless  the  same  is  postponed. 

When  it  shall  have  been  determined  by  the  Supervisors,  as 
hereinbefore  provided,  that  the  sale  of  such  lands  shall  be  at  pri- 
vate sale,  a  notice  shall  be  published  in  the  official  newspaper, 
and  one  other  daily  newspaper  published  in  the  City  and  County, 
for  two  weeks  successively  next  before  the  day  on  or  after  which 
the  sale  is  to  be  made,  and  the  land  and  tenements  to  be  sold  must 
be  described  therein  with  common  certainty.  The  notice  must  state 
a  day  on  or  after  which  the  sale  will  be  made,  and  must  state 
that  all  bids  or  offers  will  be  received  by  the  Mayor  of  the  City 
and  County,  at  his  office.  The  day  last  referred  to  must  be  at 
least  fifteen  days  from  the  first  publication  of  notice ;  and  the  sale 
must  not  be  made  before  that  day,  but  must  be  made  within  six 
months  thereafter.  The  bids  or  offers  must  be  in  writing,  and 
must  be  filed  with  the  Mayor,  at  his  office. 

No  sale  of  real  estate  at  private  sale  shall  be  confirmed  by  the 
Supervisors  as  hereinafter  provided,  unless  the  sum  offered  shall 
be  at  least  90  per  cent  of  the  appraised  value  thereof,  to  be  fixed 
and  determined  as  next  hereafter  provided. 

An  appraisement  of  such  lands  shall  be  made  and  filed  with 
the  Supervisors,  within  three  weeks  after  the  final  passage  of  the 
ordinance  hereinbefore  mentioned,  by  the  Mayor,  the  Assessor, 
and  the  chairman  of  the  Finance  Committee  of  the  Supervisors, 
who  are  hereby  constituted  a  board  of  appraisement  for  such  pur- 
pose. 

When  a  sale  shall  have  been  made  by  the  Mayor,  at  public  auc- 
tion or  at  private  sale,  as  hereinbefore  provided,  he  shall  require 


22  Charter  of  the  City  and  County  of  San  Francisco. 

from  the  person  to  whom  the  property  is  sold  a  deposit  amount- 
ing to  10  per  cent  of  the  sum  bid.  He  shall  immediately  there- 
after, at  the  next  meeting  of  the  Supervisors,  report  the  fact  of 
such  sale  to  the  Supervisors,  with  a  statement  of  the  sum  bid,  and 
the  name  of  the  bidder,  with  a  request  that  the  Board  confirm 
such  sale. 

The  Clerk  of  the  Supervisors  shall  immediately  thereupon  give 
notice  by  publication  in  the  official  newspaper,  and  one  other 
daily  newspaper  published  in  the  City  and  County,  that  at  a  meet- 
ing of  the  Supervisors,  to  be  held  not  less  than  twenty,  nor  more 
than  thirty  days,  from  the  first  publication  of  such  notice,  that 
such  sale  has  been  made,  the  amount  for  which  the  property  has 
been  sold,  and  the  name  of  the  purchaser.  Such  notice  shall  also 
contain  a  statement  that  at  such  meeting,  if  an  offer  of  10  per  cent 
more  in  amount  than  that  named  in  said  notice  shall  be  made  to 
the  Supervisors,  in  writing,  by  a  responsible  person,  the  Super- 
visors will  confirm  such  sale  to  such  person,  or  order  a  new  sale, 
as  hereinafter  provided. 

At  such  meeting,  if  it  appears  to  the  Supervisors  that  the  sum 
bid  is  not  disproportionate  to  the  value  of  the  property  sold,  and 
that  a  greater  sum  cannot  be  obtained,  or  if  an  increased  bid,  as 
hereinbefore  mentioned,  be  made  and  accepted  the  Board  of  Su- 
pervisors may,  by  an  ordinance,-  passed  by  an  affirmative  vote,  of 
at  least  fifteen  of  its  members,  confirm  such  sale,  and  direct  con- 
veyances to  be  executed  by  the  Mayor.  A  certified  copy  of  such 
ordinance  shall  be  recorded  in  the  County  Recorder's  office  in  the 
County  in  which  the  property  is  situated. 

The  Board  of  Supervisors  may,  in  its  discretion,  confirm  or  re- 
fuse to  confirm  any  sale. 

In  the  event  of  the  refusal  of  the  Board  of  Supervisors  to  con- 
firm the  sale  all  proceedings  taken  as  hereinbefore,  provided,  for 
the  sale  of  the  lands  shall  be  void  and  of  no  effect. 

If  the  sale  is  confirmed  by  the  Board  of  Supervisors,  convey- 
ances must  thereupon  be  made  by  the  Mayor  to  the  person  to 
whom  the  sale  shall  have  been  so  confirmed,  and  shall  be  deliv- 
ered to  him  upon  payment  of  the  balance  of  the  purchase  price. 
Such  conveyances  shall  be  in  the  name  of  the  City  and  County, 
and  shall  be  effective  to  convey  all  the  right,  title  and  interest  of 
the  City  and  County  in  and  to  the  lands  therein  described,  to  the 
grantee  therein  named. — Neiv  section  added  hy  amendmenty 
adopted  November  5,  1907 ;  approved  hy  the  Legislature  November 
23,  1907  (Statutes  Special  Session,  1907,  page  39). 

Civic  Center  and  Sale  of  Relief  Home  Property. 

iSec.  10.  The  Board  of  Supervisors  may  acquire,  land  in  the 
district  bounded  by  Market  street,  Golden  Gate  avenue  and  Frank- 
lin street,  for  the  purpose  of  establishing  a  Civic  Center,  and  when 
it  appears  to  the  advantage  of  the  City  and  County  so  to  do  it 
may  acquire  land  in  excess  of  the  actual  requirements,  and  may 


Article  II,  Chapter  II.    Legislative  Department.  23 

dispose  of  any  such  excess  in  exchange  for  other  lands  within  such 
district  or  for  the  purpose  of  acquiring  additional  lands  or  for  the 
erection  of  structures  thereon.  It  may  convey  to  the  State  of 
California  a  parcel  of  land  in  such  district  for  the  purpose  of  the 
erection  of  a  state  building  thereon  and  in  consideration  therefor 
may  receive  from  the  State  any  parcel  of  land  in  such  district  now 
owned  by  the  State ;  and  with  the  consent  of  the  Board  of  Trustees 
of  the  Public  Library  and  reading  rooms  it  may  exchange  parcels 
of  land  with  the  said  Board  of  Trustees,  and  upon  such  exchange 
said  Board  of  Trustees  is  hereby  authorized  to  relinquish  control 
of  such  land  as  may  have  been  heretofore  set  apart  for  its  use.  It 
may  authorize  the  erection  of  an  auditorium  by  the  Panama-Pacific 
International  Exposition  Company,  or  of  an  opera  house,  museum, 
or  other  structure,  provided  the  ownership  of  such  structure  shall 
always  be  vested  in  the  municipality. 

The  Board  of  Supervisors,  in  the  manner  provided  in  the  pre- 
ceding section,  may  sell  a  portion  of  the  Relief  Home  tract  not 
adapted  to  public  use.  being  a  portion  of  the  Rancho  San  Miguel 
and  generally  described  as  lying  southerly  and  westerly  from  the 
lands  of  the  Spring  Valley  Water  Company.  The  proceeds  arising 
from  such  sale  shall  be  used  exclusively  for  the  purchase  of  other 
lands  adjoining  such  Relief  Home  tract. — New  section  added  hy 
amendment  December  10, 1912;  approved  hy  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

Sale  of  Outside  Land  School  Lots. 

Sec.  11.  Whenever  the  Board  of  Education  shall  by  Resolution 
determine  that  any  of  the  lots  of  land  located  westerly  of  Arguello 
Boulevard,  formerly  First  avenue,  and  the  southerly  projection 
thereof,  reserved  for  school  purposes  by  the  committee  on  Out- 
side Lands  appointed  by  the  Board  of  Supervisors  under  the  pro- 
visions of  Ordinance  No.  800,  approved  by  the  Mayor  and  the 
President  of  the  Board  of  Supervisors  on  January  14,  1868.  and 
confirmed  by  Act  of  the  Legislature  and  approved  March  27,  1868, 
are  inadequate  or  unsuitable  for  school  purposes  or  for  use  as 
sites  for  school  buildings  and  that  the  public  interest  or  necessity 
demands  the  sale  thereof,  said  Board  may  recommend  to  the  Mayor 
that  such  sale  be  made.  If  the  Mayor  shall  concur  in  said  recom- 
mendation he  shall  report  the  same  to  the  Board  of  Supervisors 
and  said  Board  shall  make  such  sale  in  the  manner  provided  in 
Section  9  of  this  Chapter.  The  proceeds  arising  from  such  sale 
shall  be  used  exclusively  for  the  purpose  of  purchasing  lands  for 
school  purposes  or  sites  for  school  buildings  or  for  additions  to 
existing  sites  for  school  purposes. — As  amended  November  5,  1918; 
approved  by  the  Legislature  January  17,  1919  (Statutes,  1919). 


24  Charter  of  the  City  and  County  of  San  Francisco. 

CHAPTER  III. 

CONTRACTS. 
Manner  of  Purchasing  Supplies  and  Awarding  of  Contracts. 

.Section  I.  All  contracts  for  goods,  merchandise,  stores,  sup- 
plies, subsistence  or  printing  for  the  City  and  County,  as  well  as 
for  all  subsistence,  supplies,  drugs  and  other  necessary  articles 
for  hospitals,  prisons,  public  institutions  and  other  departments 
not  otherwise  specifically  provided  for  in  this  Charter,  must  be 
made  by  the  Supervisors,  with  the  lowest  bidder  offering  adequate 
security,  after  publication  for  not  less  than  ten  days  in  the  official 
newspaper;  and  no  purchase  thereof  or  liability  therefor  shall  be 
made  or  created  except  by  contract. 

Except  as  otherwise  provided  in  this  Charter,  the  Board  must 
determine  annually  what  goods,  merchandise,  stores,  supplies, 
drugs,  subsistence  and  other  necessary  articles  will  be  needed  by 
the  City  and  County  for  the  ensuing  year,  and  it  shall  have  no 
power  to  purchase  or  to  pay  for  the  same  unless  the  provisions  in 
this  Charter  provided  as  to  competitive  bidding  for  supplies  are 
strictly  followed,  and  no  contract  shall  be  made  for  any  of  the 
same  unless  upon  such  competitive  bidding. 

All  proposals  shall  be  accompanied  with  a  certificate  of  deposit 
or  certified  check  on  a  solvent  bank  in  the  City  and  County  of  ten 
per  centum  of  the  amount  of  the  bid,  payable  at  sight  to  the  order 
of  the  Clerk  of  the  Supervisors.  If  the  bidder  to  whom  the  con- 
tract is  awarded  shall  for  five  days  after  such  award  fail  or 
neglect  to  enter  into  the  contract  and  file  the  required  bond,  the 
Clerk  shall  draw  the  money  due  on  such  certificate  of  deposit  or 
check  and  pay  the  same  into  the  treasury ;  and  under  no  circum- 
stances shall  the  certificate  of  deposit  or  check  or  the  proceeds 
thereof  be  returned  to  such  defaulting  bidder. 

Notices  for  proposals  for  furnishing  the  aforesaid  articles  shall 
mention  said  articles  in  general  and  shall  state  that  the  conditions 
and  schedule  may  be  found  in  the  office  of  the  Clerk  of  the  Board 
of  Supervisors;  and  shall  also  state  that  such  articles  are  to  be 
delivered  at  such  times,  in  such  quantities,  and  in  such  manner,  as 
the  Supervisors  may  designate.  Any  bidder  may  bid  separately 
for  any  article  named.  The  award  as  to  each  article,  shall  in  all 
cases  be  made  to  the  lowest  bidder  for  such  article,  and  Avhere  a 
bid  embraces  more  than  one  article,  the  Supervisors  shall  have  the 
right  to  accept  or  reject  such  bid  or  the  bid  for  any  one  or  more 
articles  embraced  therein.  In  the  case  of  contracts  for  subsistence 
of  prisoners,  the  advertisement  for  proposals  shall  specify  each 
article  required,  the  quality  thereof,  the  quantity  for  each  person, 
and  the  existing  and  probable  number  of  persons  to  be  supplied. 
No  article  or  articles  provided  for  in  this  section  shall  have  been 
made  in  any  prison.  The  Supervisors  shall  require  bonds  with  suf- 
ficient sureties  for  the  faithful  performance  of  every  contract. 


Article  II,  Chapter  IIL    Legislative  Department.  25 

The  Clerk  of  the  Supervisors  shall  furnish  printed  blanks  for  all 
such  proposals,  contracts  and  bonds. 

All  bids  shall  be  sealed  and  delivered  by  the  bidder  to  the  Clerk 
of  the  Supervisors,  and  opened  by  the  Board  at  an  hour  and  place 
to  be  stated  in  the  advertisement  for  proposals,  in  the  presence  of 
all  bidders  who  attend,  and  the  bidders  may  inspect  the  bids.  All 
bids  with  alterations  or  erasures  therein  shall  be  rejected.  All 
articles  so  supplied  shall  be  subject  to  inspection  and  rejection  by 
the  Supervisors  and  by  the  person  in  charge  of  the  office,  institu- 
tion or  department  for  which  the  same  are  supplied. 

Every  contract  for  work  to  be  performed  within  the  State  of 
California  at  the  expense  of  the  City  and  County  or  paid  for  out 
of  moneys  deposited  in  the  Treasury,  whether  such  work  is  to  be 
done  within  or  outside  the  limits  of  the  City  and  County,  and 
whether  such  work  be  done  directly  by  or  under  such  contract  duly 
awarded,  or  indirectly  by  or  under  subcontract,  subpartnership, 
day  labor,  station  work,  piece  work,  or  any  other  arrangement 
whatsoever,  must  provide:  (1)  That  in  the  performance  of  the 
contract,  eight  hours  shall  be  the  maximum  hours  of  labor  on  any 
calendar  day,  and  that  the  minimum  wages  or  compensation  of 
persons  performing  labor  in  the  execution  of  such  contract,  sub- 
contract, subpartnership,  day  labor,  station  work,  piece  work  or 
other  arrangement,  shall  be  three  dollars  per  day;  (2)  that  any 
person  performing  labor  in  the  execution  of  such  contract  shall  be 
a  citizen  of  the  United  States  or  have  declared  his  intention  of 
becoming  such;  (3)  that  preference  in  the  performance  of  labor 
under  such  contract  or  other  arrangement  shall  be  given  to  per- 
sons who  shall  have  actually  resided  in  the  City  and  County  and 
shall  have  so  resided  for  the  period  of  one  year  next  preceding  the 
date  of  their  engagement  to  perform  labor  thereunder.  The  fore- 
going provisions  designated  (1),  (2)  and  (3)  must  also  apply  to 
persons  performing  labor  in  the  commissary  or  other  auxiliary  de- 
partment of  labor  conducted  in  the  course  of  the  execution  of  such 
contract  or  any  part  thereof;  and  the  said  provisions  shall  also 
apply  in  any  work  done  for  or  by  the  City  and  County  or  by  any 
officer,  board  or  commission  thereof,  when  such  work  is  to  be  done 
at  the  expense  of  the  City  and  County  or  paid  for  out  of  moneys 
deposited  in  the  Treasury.  Any  contract  for  work  to  be  performed 
under  the  provisions  of  this  Section  which  does  not  comply  with  the 
provisions  thereof,  shall  be  null  and  void,  and  any  officer  who  shall 
sign  the  same  shall  be  deemed  guilty  of  misfeasance  and  upon  proof 
of  such  misfeasance  shall  be  removed  from  office. — As  amended 
November  7,  1916;  approved  hy  the  Legislature  January  18,  1917 
(Statutes,  1917,  page  1708). 

Contracts  for  Official  Advertising. 

Sec.  2.  All  contracts  for  official  advertising  shall  be  let  annually 
in  like  manner  by  the  Supervisors  to  the  lowest  responsible  bidder 
publishing  a  daily  newspaper  in  the  City  and  County,  which  has  a 
bona  fide  daily  circulation  of  at  least  eight  thousand  copies,  and 


26  Charter  of  the  City  and  County  of  San  Francisco. 

has  been  in  existence  at  the  time  of  letting  such  contract  for  at  least 
two  years.  In  inviting  proposals  therefor,  such  advertising  shall 
not  be  classified  and  no  proposal  shall  be  acted  upon  which  offers 
to  do  such  advertising  at  different  rates  for  different  portions 
thereof. 

Such  advertising  shall  be  construed  to  mean  the  advertising  and 
publication  of  all  official  reports,  orders,  ordinances,  messages,  reso- 
lutions, notices  inviting  proposals  and  all  notices  of  every  nature 
relating  to  city  work.  No  part  or  kind  of  such  advertising  shall  be 
charged  or  contracted  for  at  a  higher  rate  than  any  other  part  or 
kind  of  the  same  is  charged  or  contracted  for,  except  in  the  case  of 
the  delinquent  tax  list. 

The  newspaper  to  which  the  award  of  such  advertising  is  made 
shall  be  known  and  designated  as  the  ' '  official  newspaper. ' ' 

The  advertising  of  the  delinquent  tax  list  shall  be  let  to  the 
lowest  responsible  bidder  on  a  separate  bidding  from  all  other 
official  advertising. 

No  board,  department  or  officer  shall  make  any  publication  which 
is  not  expressly  authorized  by  this  Charter  or  by  the  Supervisors. 

Stationery  Supplies. 

Sec.  3.  The  Clerk  of  the  Supervisors  shall  annually,  under  the 
direction  of  the  Supervisors,  advertise  for  proposals  for  supply- 
ing the  various  departments,  officers  and  offices  of  the  City  and 
County  with  all  stationery  and  supplies  in  the  nature  of  station- 
ery, assessment  books,  minute  books,  blank  books  and  the  print- 
ing of  blanks.  The  contracts  for  stationery  shall  be  separate  from 
those  for  printing. 

Notice  for  proposals  for  supplies  shall  require  a  greater  or  less 
quantity  to  be  delivered  at  such  times  and  in  such  manner  as  the 
Supervisors  may  designate.  The  advertisement  for  bids  for  paper 
shall  state  the  w^eight,  quality  and  size  of  the  various  kinds  re- 
quired, and  that  for  printing  shall  enumerate  the  various  letter 
heads,  tax  bills,  tax  receipts,  court  notices,  and  all  blanks,  papers 
and  documents  now  used  or  hereafter  required  in  any  and  all  de- 
partments of  the  City  and  County,  including  the  forms,  papers 
and  blanks  now  used  or  hereafter  required  by  the  courts  of  the 
City  and  County. 

The  forms  for  all  printing  shall  be  consecutively  numbered,  and 

each  form  and  blank  shall  be  known  as  No. (specifying  the 

number).  Such  advertisement  shall  be  published  for  at  least  ten 
days,  and  shall  require  the  bidders  to  state  the  price  at  which  each 
article  will  be  furnished,  printed  or  manufactured,  as  the  same 
may  be  required  from  time  to  time  during  such  period,  and  the 
amount  of  the  bond  that  will  be  required  as  security  for  the  per- 
formance of  the  contract. 

No  stationery  furnished  to  any  officer  or  department  shall  con- 
tain the  name  or  names  of  the  officer  or  officers  constituting  the 
liead  of  the  department  or  board.     The  contract  or  contracts  must 


Article  II,  Chapter  III.   Legislative  Department,  27 

be  made  with  the  lowest  bidder  offering  adequate  security,  quan- 
tity and  quality  being  considered.  The  Clerk  of  the  Supervisors 
shall  have  rooms  in  the  City  Hall  for  the  custody  of  such  stationery, 
and  when  pureliased  the  same  shall  be  delivered  to  him,  and  he 
shall  issue  and  distribute  the  same  to  the  various  departments  as 
required. 

He  shall  keep  accounts  in  detail,  charging  himself  with  all  goods 
received,  and  crediting  himself  with  the  goods  delivered  upon 
order  or  requisition  as  hereinafter  provided.  When  any  of  such 
supplies  are  required  for  any  department,  the  Clerk  of  the  Super- 
visors shall  issue  the  same  after  the  requisition  for  such  articles 
has  been  made  by  the  head  of  such  department  and  approved  by 
the  Mayor. 

All  requisitions  for  printing  shall  be  made  in  a  similar  manner. 
The  Clerk  shall  report  monthly  in  writing  to  the  Supervisors  in 
detail,  the  amount  of  all  paper,  blanks,  books,  stationery  and  print- 
ing ordered  by  and  delivered  to  any  department  or  officer. 

Collusion  With  Bidder  Constitutes  Misfeasance. 

Sec.  4.  Any  officer  of  the  City  and  County,  or  of  any  depart- 
ment thereof,  who  shall  aid  or  assist  a  bidder  in  securing  a  con- 
tract to  furnish  labor,  material  or  supplies,  at  a  higher  price  or 
rate  than  that  proposed  by  any  other  bidder,  or  who  shall  favor 
one  bidder  over  another,  by  giving  or  withholding  information,  or 
who  shall  wilfully  mislead  any  bidder  in  regard  to  the  character 
of  the  material  or  supplies  called  for,  or  who  shall  knowingly 
accept  materials  or  supplies  of  a  quality  inferior  to  that  called 
for  by  the  contract,  or  who  shall  knowingly  certify  to  a  greater 
amount  of  labor  performed  than  has  been  actually  performed,  or 
to  the  receipt  of  a  greater  amount  or  different  kinds  of  material 
or  supplies  than  has  been  actually  received,  shall  be  deemed  guilty 
of  misfeasance  and  shall  be  removed  from  office. 

Execution,  Signing  and  Registration  of  Contracts. 

Sec.  5.  All  contracts  provided  for  in  this  Chapter  must  be  in 
wTiting  and  executed  in  the  name  of  the  City  and  County  by  the 
Mayor.  All  such  contracts  must  be  countersigned  by  the  Clerk 
of  the  Supervisors,  and  registered  by  number  and  date  in  a  book 
kept  by  him  for  that  purpose.  When  a  contractor  fails  to  enter 
into  the  contract  awarded  to  him  or  to  perform  the  same,  new 
bids  must  be  invited,  and  a  contract  awarded  as  provided  herein 
in  the  first  instance.  When  the  Supervisors  believe  that  the  prices 
bid  are  too  high,  or  that  bidders  have  combined  to  prevent  com- 
petition, or  that  the  public  interest  will  be  subserved  thereby, 
they  may  reject  any  and  all  bids  and  cause  the  notice  for  pro- 
posals to  be  re-advertised. 

Lighting  Contracts. 

Sec.  6.  No  contract  for  lighting  streets,  public  buildings,  places 
or  offices,  shall  be  made  for  a  longer  period  than  one  year,  nor 
shall  any  contract  to  pay  for  gas,  electric  light  or  any  illuminat- 


28  Charter  of  the  City  and  County  of  San  Francisco. 

ing  material  at  a  higher  rate  than  the  minimum  price  charged  to 
any  other  consumer,  be  valid.  Demands  for  lighting  public  build- 
ings shall  be  presented  monthly  to  the  board  or  department  using 
or  having  charge  thereof,  and  shall  specify  the  amount  of  gas, 
electric  light  or  illuminating  material  consumed  in  such  building 
during  the  month. 

Bond  of  Contractors. 

Sec.  7.  Every  contractor,  person,  company,  firm,  or  corpora- 
tion, to  whom  is  awarded  a  contract  for  the  execution  or  perform- 
ance of  any  building,  street,  excavating  or  other  mechanical  work 
for  the  City  and  County,  the  expense  of  which  is  payable  out  of 
municipal  funds  or  out  of  funds  specially  made  available  for  any 
such  work,  or  of  any  street  work  or  street  improvements  in  the 
City  and  County,  the  costs  and  expenses  of  which,  in  whole  or  in 
part,  are  assessable  upon  property  in  private  ownership,  shall 
before  entering  upon  the  performance  of  such  work,  file  with  the 
board  or  officers  by  whom  such  contract  was  awarded,  a  good  and 
sufficient  bond,  to  be  satisfactory  to  such  contracting  board  or 
officers,  in  a  sum  not  less  than  one-half  of  the  total  amount  payable 
by  the  terms  of  the  contract;  such  bond  shall  be  executed  by  the 
contractor  and  either  at  least  two  sureties  who  shall  each  justify 
in  the  amount  required  for  said  bond,  or  when  there  are  more  than 
two  sureties,  such  sureties  may  justify  in  an  amount  which  in  the 
aggregate  shall  equal  double  the  amount  of  said  bond,  or  by  cor- 
porate surety,  or  sureties,  as  provided  by  law,  in  the  amount  speci- 
fied in  the  bond,  and  shall  be  made  to  inure  to  the  benefit  of  any 
and  all  persons,  companies,  firms,  or  corporations,  who  furnish 
materials,  provisions,  provender  or  other  supplies,  or  teams,  or  mo- 
tor or  other  vehicles,  or  machines  used  in,  upon,  for  or  about  the  per- 
formance of  said  work,  or  who  perform  work  or  labor  thereon  of  any 
kind,  and  must  provide  that  if  the  contractor,  person,  company^  firm, 
or  corporation,  or  his  or  its  subcontractor,  fails  to  pay  for  any 
materials,  provisions,  provender  or  other  supplies,  or  teams,  or 
motor  or  other  vehicles,  or  machines,  used  in,  upon,  for  or  about 
the  performance  of  the  work  contracted  to  be  done,  or  for  any 
work  or  labor  done  thereon  of  any  kind,  that  the  surety  or  sure- 
ties will  pay  the  same  in  an  amount  not  exceeding  the  sum  speci- 
fied in  the  bond. 

Any  materialman,  person,  company,  firm,  or  corporation,  fur- 
nishing materials,  provisions,  provender  or  other  supplies,  used 
in,  upon,  for  or  about  the  performance  of  the  work  contracted  to 
be  executed  or  performed,  or  any  person,  company,  firm,  or  cor- 
poration renting  or  hiring:  teams,  or  motor  or  other  vehicles,  or 
machines,  for  or  contributing  to  said  work  to  be  done,  or  any  per- 
son who  performed  work  or  labor  upon  the  same,  or  any  person 
who  supplied  both  work  and  materials,  and  whose  claim  has  not 
been  paid  by  the  contractor,  company,  firm,  or  corporation,  to 
whom  the  contract  has  been  awarded,  or  by  the  subcontractor  of 


Article  II,  Chapter  III.   Legislative  Department.  29 

said  contractor,  company,  firm,  or  corporation,  may  within  ninety 
days  from  the  time  such  contract  is  completed  and  the  work  there- 
under accepted  by  the  contracting  board  or  officers,  or  in  case  the 
contract  be  abandoned  before  the  completion  of  the  work  con- 
tracted to  be  done,  then  within  ninety  days  after  such  abandon- 
ment, file  with  the  board  or  officers  by  whom  such  contract  was 
awarded,  a  verified  statement  of  such  claim,  together  with  a  state- 
ment that  the  same,  or  some  part  thereof,  has  not  been  paid.  If 
such  claim  be  so  filed,  a  copy  thereof  shall  be  served  on  the  surety 
or  sureties  on  the  bond  of  such  contractor,  company,  firm,  or  cor- 
poration, filed  as  herein  provided.  At  any  time  within  six  months 
after  the  filing  of  such  claim,  the  person,  company,  firm,  or  cor- 
poration filing  the  same  may  commence  an  action  against  the 
surety  or  sureties  on  the  said  bond  in  this  section  specified  and 
required,  for  the  recovery  of  the  amount  due  on  said  claim,  to- 
gether with  the  costs  incurred  in  said  action,  and  a  reasonable 
attorney  fee,  to  be  fixed  by  the  court,  for  the  prosecution  thereof. 
— New  section  added  hy  amendment  November  7,  1916;  approved 
by  the  Legislature  January  18,  1917    (Statutes,  1917,  page  1708). 


30  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  III. 

FINANCE  AND  TAXATION. 

CHAPTER  I. 

LEVYING  OF  TAXES. 

Estimates  of  Annual  Requirements  in  Each  Department, 

Section  1.  On  or  before  the  first  Monday  of  April  in  each  year 
the  heads  of  departments,  offices,  boards  and  commissions  of  the 
City  and  County  shall  send  to  the  Supervisors  an  estimate  in 
writing  of  the  amount  of  expenditure,  specifying  in  detail  the 
objects  thereof,  required  in  their  respective  departments,  offices, 
boards  and  commissions,  including  a  statement  of  the  salaries  of 
their  subordinates.  Duplicates  of  these  estimates  shall  be  sent  at 
the  same  time  to  the  Auditor. 

Auditor's  Annual  Estimate  of  the  City's  Requirements  and  Revenue. 

Sec.  2.  On  or  before  the  first  Monday  of  ]\Iay  in  each  year 
the  Auditor  shall  transmit  to  the  Supervisors  an  estimate  of  the 
probable  expenditures  of  the  City  and  County  government  for 
the  next  ensuing  fiscal  year,  stating  the  amount  required  to  meet 
the  interest  and  sinking  funds  for  all  outstanding  funded  debts, 
and  the  wants  of  all  the  departments  of  the  municipal  govern- 
ment in  detail,  and  showing  specifically  the  amount  necessary  to 
be  apportioned  to  each  fund  in  the  treasury;  also  an  estimate  of 
the  amount  of  income  from  fines,  licenses  and  other  sources  of 
revenue,  exclusive  of  taxes  upon  property,  and  the  probable  amount 
required  to  be  levied  and  raised  by  taxation. 

Supervisors  to  Make  Annual  Budget. 

Sec.  3.  The  Supervisors  shall  meet  annually  between  the  first 
Monday  of  May  and  the  first  Monday  of  June,  and  by  a  vote  of 
a  majority  of  all  the  members  thereof  make  a  budget  of  the 
amounts  estimated  to  be  required  to  pay  the  expenses  of  con- 
ducting the  public  business  of  the  City  and  County  for  the  next 
ensuing  fiscal  year.  The  budget  shall  be  prepared  in  such  detail 
as  to  the  aggregate  sum  and  the  items  thereof  allowed  to  each 
department,  office,  board  or  commission,  as  the  Supervisors  shall 
deem  advisable. 

Before  finally  determining  upon  the  budget,  the  Supervisors 
shall  fix  such  sufficient  time  or  times  as  may  be  necessary  to  allow 
the  taxpayers  to  be  heard  in  regard  thereto,  and  the  Supervisors 
shall  attend  at  the  time  or  times  so  appointed  for  such  hearing. 

Mayor  May  Veto  Items. 

Sec.  4.  Any  item  in  said  budget  may,  within  ten  days,  be 
vetoed  in  whole  or  in  part  by  the  Mayor,  and  it  shall  require 
fifteen  votes  of  the  Supervisors  to  overcome  such  veto.  Action 
thereon  must  be  taken  before  the  last  Monday  of  June. 

After  the  final  estimate  is  made  in  accordance  herewith,  it  shall 
be  signed  by  the  Mayor  and  the  Clerk  of  the  Supervisors,  and  the 


Article  III,  Chapter  I.    Finance  and  Taxation.  31 

several  suras  shall  then  be  appropriated  for  the  ensuing  fiscal  year 
to  the  several  purposes  and  departments  therein  named.  The  esti- 
mate shall  be  filed  in  the  office  of  the  Auditor. 

Annual  Tax  Levy. 

Sec.  5.  The  Supervisors  must  cause  to  be  raised  annually  ac- 
cording to  law,  and  collected  by  tax,  the  amounts  so  appropriated, 
less  the  amounts  received  from  fines,  licenses  and  other  sources  of 
revenue. 

Demands  Upon  the  Treasury. 

Sec.  6.  Except  as  otherwise  provided  in  this  Charter,  no  money 
shall  be  drawn  from  the  treasury  unless  in  consequence  of  appro- 
priations made  by  the  Supervisors  and  upon  warrants  duly  drawn 
thereon  by  the  Auditor. 

Warrants. 

Sec.  7.  No  warrant  shall  be  drawn  except  upon  an  unexhausted 
specific  appropriation. 

Appropriation  for  Urgent  Necessities. 

Sec.  8.  The  Supervisors  may  appropriate  $100,000  a  year  for 
urgent  necessities  not  otherwise  provided  for  by  law.  No  money 
shall  be  paid  out  of  this  appropriation  unless  authorized  by  a 
live-sixths  vote  of  all  the  members  of  the  Board  of  Supervisors, 
and  approved  by  the  ^layor. — As  amended  November  5,  1907 ; 
approved  by  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907,  page  37). 

One-Twelfth   Limit  on   Monthly   Expenditures.     Registration   of   Demands 
and  Agreements. 

Sec.  9.  It  shall  not  be  lawful  for  the  Supervisors,  or  for  any 
board,  department,  officer  or  authority  having  power  to  incur, 
authorize  or  contract  liabilities  against  the  treasury,  to  incur, 
authorize,  allow,  contract  for,  pay  or  render  payable  in  the  present 
or  future,  in  any  one  month,  any  expenditure,  demand  or  demands, 
against  any  appropriation,  which,  taken  with  all  other  expendi- 
tures, indebtedness  or  liability  made  or  incurred  up  to  the  time 
in  such  month  of  making  or  incurring  the  same,  shall  exceed  one- 
twelfth  part  of  the  amount  of  the  appropriation  for  the  fiscal  year. 

When  any  board,  department  or  officer  having  power  to  incur 
liabilities  against  the  treasury  shall  make  any  agreement  for  ob- 
taining supplies  or  having  labor  performed,  such  department, 
officer  or  board  shall  register  such  agreement  by  number  and  date, 
and  all  demands  arising  under  such  agreement  shall  be  payable 
in  the  order  of  such  registration.  Such  department,  board  or  officer 
must  inform  the  person  with  whom  it  is  proposed  to  make  such 
agreement  of  the  amount  of  money  available  or  likely  to  be  avail- 
able in  the  fund  from  which  such  demands  are  payable. 

If,  at  the  beginning  of  any  month,  any  money  remains  unex- 
pended in  any  appropriation  which  might  lawfully  have  been 
expended  during  the  preceding  month,  such  unexpended  sum  or 


32  Charter  of  the  City  and  County  of  San  Francisco. 

sums,  except  so  much  thereof  as  may  be  required  to  pay  all  un- 
paid claims  upon  such  appropriation,  may  be  carried  forward  and 
expended  in  any  succeeding  month  of  such  fiscal  year;  but  not 
afterwards,  except  in  payment  of  claims  lawfully  incurred  during 
such  fiscal  year.  Appropriations  provided  to  meet  the  expense  of 
elections;  for  the  support  and  maintenance  of  the  Assessor's  and 
Tax  Collector's  departments;  and  for  urgent  necessities,  shall  be 
exempt  from  the  provisions  of  this  section. 

Indorsement  of  Auditor  Upon  Contracts. 

Sec.  10.  No  contracts  made  the  expense  of  whose  execution  is 
not  provided  by  law  or  ordinance  to  be  paid  by  assessments  upon 
the  property  benefited,  shall  be  binding  or  of  any  force,  unless  the 
Auditor  shall  indorse  thereon  his  certificate  that  there  remains  un- 
expended and  unapplied,  as  herein  provided,  a  balance  of  the 
appropriation  or  fund  applicable  thereto,  sufficient  to  pay  the 
estimated  expense  of  executing  such  contract,  as  certified  by  the 
Board  or  officer  making  the  same;  provided,  that  where  the  ex- 
pense of  executing  such  contract  is  to  be  paid  entirely  from  the 
proceeds  of  bond  issues,  the  requirements  of  this  section  may  be 
satisfied  through  an  indorsement  by  the  Auditor  that  a  sufficient 
number  of  bonds  have  been  set  aside  to  be  sold  as  payments  under 
the  contract  fall  due,  and  from  the  proceeds  of  which  sale  the 
estimated  expense  of  executing  such  contract  may  be  paid,  as  cer- 
tified by  the  board  or  officer  making  the  same.  This  requirement 
shall  not  apply  to  work  done,  or  supplies  furnished,  involving  the 
expenditure  of  less  than  two  hundred  and  fifty  dollars,  unless  the 
same  is  required  by  law  to  be  done  by  contract  at  public  letting. 
The  Auditor  shall  make  such  indorsement  upon  every  such  con- 
tract so  presented  to  him,  if  there  remains  unapplied  and  unex- 
pended such  amount  of  money  or  bonds  so  specified  by  the  officer 
making  the  contract,  and  thereafter  shall  hold  and  retain  such 
amount  of  money  or  bonds  for  the  purpose  of  paying  the  expense 
incurred  until  the  contract  shall  be  fully  performed.  If  bonds  are 
withheld,  arrangements  shall  be  made  prior  to  the  Auditor's  in- 
dorsement for  the  sale  of  such  bonds  in  such  amounts  and  at  such 
periods  of  time  as  will  enable  the  Treasurer  to  make  payments  in 
cash  under  such  contract  as  such  payments  fall  due  and  are 
approved.  The  Auditor  shall  furnish  weekly  to  the  head  of  each 
department  a  statement  of  the  unexpended  balances  of  the  appro- 
priation or  bonds  set  aside  for  his  department. — As  amended  No- 
vember 5,  1918;  approved  by  the  Legislature  January  17,  1919 
(Statutes,  1919.) 

Tax  Levy:     When  Made. 

Sec.  11.  On  or  before  the  third  Monday  in  September  of  each 
year,  the  Supervisors  shall  levy  the  amount  of  taxes  for  City  and 
County  purposes  required  to  be  levied  upon  all  property  not  exempt 
from  taxation.  The  amount  should  be  sufficient  to  provide  for  the 
payment  during  the  fiscal  year  of  all  demands  upon  the  treasury 
authorized  to  be  paid  out  of  the  same;  but  such  levy,  exclusive  of 


Article  III,  Chapter  I.    Finance  and  Taxation.  33 

the  State  taxes  and  the  tax  to  pay  the  interest  and  maintain  the 
sinking  funds  of  the  bonded  indebtedness  of  the  City  and  County, 
and  exclusive  of  the  tax  to  pay  for  the  maintenance  and  improve- 
ment of  the  parks,  squares  and  public  grounds  of  the  City  and 
County,  shall  not  exceed  the  rate  of  one  dollar  on  each  one  hundred 
dollars  valuation  of  the  property  assessed.  The  Supervisors  in 
making  the  levy  shall  apportion  the  taxes  to  the  several  funds. — 
As  amended  March  16,  1915;  approved  hy  the  Legislature  April  1, 
1915    (Statutes,  1915,  page  1807). 

Apportionment  of  Revenue. 

Sec.  12.  In  making  the  apportionment  the  Supervisors  shall 
take  into  account  and  apportion  to  the  several  funds  the  income 
and  revenue  estimated  to  arise  during  the  fiscal  year  from  licenses, 
fees,  and  other  sources,  but  the  income  to  pay  the  interest  on  the 
bonded  indebtedness  and  to  provide  for  the  sinking  funds  shall 
always  be  provided  for  out  of  the  tax  on  property;  provided,  that 
whenever  any  bonded  indebtedness  shall  have  been  incurred  for 
the  acquisition  of  any  of  the  public  utilities  named  in  Article  XII 
of  this  Charter,  the  surplus  earnings  of  any  such  utility  for  the 
fiscal  year  may  be  applied  upon  the  interest  and  sinking  fund  of 
the  bonded  indebtedness  of  such  utility  for  the  succeeding  fiscal 
year. — As  amended  November  5, 1907;  approved  hy  the  Legislature 
November  23,  1907  (Statutes  Special  Session,  1907,  page  35). 

Limit  of  Taxation. 

Sec.  13.  The  limitation  in  Section  11  of  this  Chapter  upon  the 
rate  of  taxes  shall  not  apply  in  the  case  of  any  great  necessity  or 
emergency.  In  such  case  the  limitation  may  be  temporarily  sus- 
pended and  the  rate  of  taxes  be  increased  so  as  to  enable  the  Super- 
visors to  provide  for  such  necessity  or  emergency.  No  increase 
shall  be  made  to  provide  for  such  necessity  or  emergency  in  the 
rate  of  taxes  authorized  to  be  levied  under  Section  11  of  this 
Chapter,  unless  such  increase  be  authorized  by  ordinance  passed 
by  the  unanimous  vote  of  the  Supervisors  and  approved  by  the 
Mayor.  The  character  of  such  necessity  or  emergency  shall  be 
recited  in  the  ordinance  authorizing  such  action,  and  be  entered 
in  the  journal  of  the  Board. 

Nor  shall  the  limitation  in  Section  11  of  this  Chapter  upon  the 
rate  of  taxes  apply  in  the  case  of  taxes  levied  by  ordinance  passed 
by  at  least  fifteen  Supervisors  and  approved  by  the  Mayor  for  any 
of  the  following  purposes,  to-wit:  To  meet  the  cost  of  elections, 
to  pay  any  demands,  salaries,  expenses  or  other  obligations  imposed 
upon  the  City  and  County  of  San  Francisco  by  a  legislative  or 
constitutional  enactment  of  the  State  of  California  or  of  the  United 
States ;  to  meet  any  increase  in  demands,  salaries,  expenses  or  other 
obligations  imposed  upon  the  City  and  County  of  San  Francisco  by 
any  measure  hereafter  passed  by  direct  vote  of  the  people  of  the 
City  and  County  of  San  Francisco;  to  meet  the  expense  or  cost  of 
schools  or  of  the  school  department;  to  meet  the  cost  of  construc- 
tion and  repair  of  streets,  sewers,  or  of  buildings  for  the  police, 


34  Charter  of  the  City  and  County  of  San  Francisco. 

fire,  health  or  school  departments  or  detention  home;  to  meet  the 
cost  of  maintaining  public  libraries  and  of  purchasing  books  there- 
for. 

Provided,  however,  that  the  limitation  of  Section  11  of  this 
Chapter  upon  the  rate  of  taxes  shall  not  be  exceeded  in  any  one 
fiscal  year  by  more  than  65  cents  on  each  one  hundred  dollars 
valuation  of  the  property  assessed  except  in  the  case  of  a  great 
necessity  or  emergency  hereinabove  mentioned  or  except  for  the 
purpose  of  meeting  the  cost  of  elections,  or  paying  any  demands, 
salaries,  expenses  or  other  obligations  imposed  upon  the  City  and 
County  of  San  Francisco  by  legislative  or  constitutional  enactment 
of  the  State  of  California  or  of  the  United  States,  or  for  the  pur- 
pose of  meeting  any  increase  in  demands,  salaries,  expenses  or 
other  obligations  imposed  upon  the  City  and  County  of  San  Fran- 
cisco by  any  measure  hereafter  passed  by  direct  vote  of  the  people 
of  the  City  and  County  of  San  Francisco,  or  to  meet  the  cost  of 
maintaining  public  libraries  and  the  purchase  of  books  therefor. 
Nothing  in  this  section  shall  authorize  the  incurring  of  liabilities 
against  the  treasury  not  allowed  by  law,  or  which  cannot  be  paid 
out  of  the  income  and  revenue  provided,  collected  and  paid  into 
the  proper  fund  as  its  proportion  of  the  same  for  such  fiscal  year, 
or  permit  liabilities  or  indebtedness  incurred  in  any  one  fiscal  year 
to  be  a  charge  upon  or  paid  out  of  the  income  or  revenue  of  any 
other  fiscal  year. — As  amended  March  16,  1915 ;  approved  hy  the 
Legislature  April  1,  1915  (Statutes,  1915,  page  1807). 

Municipal  Revenues  and  Bonds. 

Sec.  14.  The  Supervisors  shall  fix  the  amount  of  municipal 
revenues  and  provide  for  the  collection  thereof.  They  shall  from 
time  to  time  provide  for  the  payment  of  the  interest  and  principal 
of  the  bonds  for  which  the  City  and  County  is  liable. 

Disbursements. 

Sec.  15.  The  Supervisors  shall  authorize  the  disbursement  of 
all  public  moneys,  except  as  otherwise  specifically  provided  in 
this  Charter. 

Surplus  Money  to  Surplus  Fund. 

Sec.  16.  At  the  close  of  each  fiscal  year,  if  all  demands  against 
each  fund  have  been  paid  or  satisfied,  and  all  disputed  or  con- 
tested demands  finally  adjudicated,  the  Supervisors  shall  direct 
the  Treasurer  to  transfer  all  surplus  moneys  to  a  fund  to  be 
called  the  Surplus  Fund,  except  such  surplus  moneys  as  are  in  the 
several  interest  and  sinking  funds,  in  the  Common  School  Fund, 
in  the  Park  Fund,  the  Library  Fund,  the  Police  Relief  and  Pension 
Fund,  in  the  Firemen's  Relief  and  Pension  Fund,  and  in  such 
other  funds  the  disposition  of  whose  surplus  moneys  is  in  this 
Charter  otherwise  provided  for. 

Payment  of  Taxes  May  Be  Postponed. 

Sec.  17.  The  taxes  levied  for  City  and  County  purposes  shall 
be  payable  at  the  times  prescribed  by  general  law  and  may  be  paid 


Article  III,  Chapter  II.    Finance  and  Taxation.  35 

in  installments  and  shall  become  delinquent  at  the  times  and  in 
the  manner  as  provided  by  general  law,  but  the  Supervisors  by  an 
ordinance  passed  prior  to  the  second  ^londay  in  October  of  any 
calendar  year,  may  provide  that  the  delinquent  date  of  the  first 
installment  of  such  taxes  for-  the  then  current  fiscal  year  shall  be 
postponed  until  the  second  ^londay  in  January  next,  and  when  such 
an  ordinance  shall  have  been  passed  in  any  calendar  year  the  first 
installment  of  taxes  for  the  then  current  fiscal  year  shall  not 
become  delinquent  until  the  second  ^Monday  in  January  next,  and 
any  notice  published  by  the  Tax  Collector  shall  specify  the  delin- 
quent date  so  postponed  by  ordinance  of  the  Board  of  Supervisors. 
— Neiv  section  added  by  amendment  March  16,  1915;  approved  hy 
the  Legislature  April  1,  1915  (Statutes,  1915,  page  1807). 

CHAPTER  II. 

THE    SEVERAL    FUNDS. 
Separate  Funds.     No  Division. 

Section  1.  The  income  and  revenue  paid  into  the  treasury 
shall  be  at  once  apportioned  to  and  kept  in  separate  funds.  It 
shall  not  be  lawful  to  transfer  money  from  one  fund  to  another 
or  to  use  the  same  in  payment  of  demands  upon  another  fund. 
The  provisions  of  this  section  shall  not  apply  to  fees  paid  into 
the  treasury  and  placed  temporarily  to  the  credit  of  the  Unap- 
propriated Fee  Fund  under  the  provisions  of  Chapter  III  of  this 
Article. 

Designation  of  the  Several  Funds. 

Sec.  2.  The  several  funds  in  the  treasury  authorized  by  law 
at  the  time  this  Charter  takes  effect,  or  provided  for  by  this 
Charter,  shall  continue  therein  so  long  as  there  shall  be  occasion 
therefor;  and  the  moneys  therein,  or  which  may  belong  thereto, 
shall  not  be  used  for  any  purpose  other  than  that  for  which  the 
same  were  raised  except  as  otherwise  provided  in  this  Charter. 

The  General  Fund  shall  consist  of  moneys  received  into  the  treas- 
ury and  not  specially  appropriated  to  any  other  fund. 

The  Park  Fund  shall  consist  of  the  moneys  annually  appor- 
tioned to  said  Fund  by  virtue  of  the  tax  provided  for  in  this 
Charter  for  the  maintenance,  preservation  and  improvement  of 
the  parks,  squares,  avenues  and  public  grounds  of  the  City  and 
County;  of  all  moneys  accruing  from  rents  of  buildings  under 
the  jurisdiction  of  the  Park  Commissioners;  and  of  all  moneys 
coming  into  the  hands  of  said  Commissioners  whether  from  dona- 
tions or  otherwise.  Out  of  said  Fund  shall  be  paid  all  the  ex- 
penses of  every  kind  for  the  preservation,  maintenance  and  im- 
provement of  the  parks,  squares,  avenues  and  public  grounds  of 
tlie  City  and  County. 

The  Library  Fund  shall  consist  of  the  moneys  annually  appor- 
tioned to  said  Fund  by  virtue  of  the  tax  provided  for  in  this  Char- 
ter for  the  maintenance  of  Library  and  Reading  Rooms,  and  the 
purchase  of  books  therefor.     Out  of  said  Fund  shall  be  paid  all 


36  Charter  of  the  City  and  County  of  San  Francisco. 

the  expenses  necessary  to  the  maintenance  of  »uch  Library  and 
Reading  Rooms  and  the  purchase  of  books  therefor. 

Surplus  Fund  and  Purposes  for  Which  It  May  Be  Used. 

Sec.  3.  The  Surplus  Fund  shall  consist  of  the  moneys  remain- 
ing at  the  end  of  any  fiscal  year  in  any  other  funds  (except  the 
Common  School  Fund  and  the  other  funds  by  this  Charter  other- 
wise expressly  provided  for)  after  all  valid  demands,  indebted- 
ness and  liabilities  against  said  funds  incurred  within  such  fiscal 
year  have  been  paid  and  discharged;  provided,  that  all  disputed 
or  contested  claims  payable  out  of  such  funds  have  been  finally 
adjudicated. 

The  Surplus  Fund  shall  be  used  for  the  purposes  and  in  the 
order  following: 

1.  In  payment  of  any  final  judgment  against  the  City  and 
County. 

2.  In  liquidation  and  extinguishment,  under  such  regulations 
as  the  Supervisors  may  adopt,  of  any  outstanding  funded  debt  of 
the  City  and  County. 

3.  To  be  carried  over  and  apportioned  among  the  funds  and 
used  in  the  ensuing  fiscal  year  as  part  of  the  income  and  revenue 
thereof. 

Special  Deposit  Fund. 

Sec.  4.     The  Special  Deposit  Fund  shall  consist  of: 

1.  All  moneys  paid  into  court  and  deposited  with  the  Treasurer 
by  the  County  Clerk. 

2.  All  moneys  received  by  the  Public  Administrator  and  depos- 
ited by  him  with  the  Treasurer. 

3.  All  moneys  deposited  with  the  Treasurer  on  special  deposit. 
The  moneys  in  the  Special  Deposit  Fund  shall  be  paid  out  in 

the  manner  prescribed  by  law. 

Funds  to  Be  Carried  Forward. 

Sec.  5.  Except  as  otherwise  provided  in  this  Charter,  any 
moneys  remaining  at  the  end  of  the  fiscal  year  in  any  interest  and 
sinking  fund  or  a  fund  provided  by  a  special  bond  issue  for  a 
specific  purpose,  the  Common  School  Fund,  the  Park  Fund,  the 
Library  Fund,  the  Firemen's  Relief  and  Pension  Fund,  Police 
Relief  and  Pension  Fund,  and  the  Public'  Building  Fund  shall  be 
carried  forward  and  apportioned  to  said  respective  funds  for  the 
ensuing  fiscal  year. 

Payment  of  Unpaid  Demands. 

Sec.  6.  Any  demand  against  the  treasury  or  against  any  fund 
thereof  remaining  unpaid  at  the  end  of  the  fiscal  year  for  lack  of 
money  applicable  to  its  payment,  may  be  paid  out  of  any  money 
which  may  subsequently  come  into  the  proper  fund  from  delin- 
quent taxes  or  other  uncollected  income  or  revenue  for  such  year. 
Such  demands  shall  be  paid  out  of  such  delinquent  revenue,  when 
collected,  in  the  order  of  their  registration. 


Article  III,  Chapter  II.    Finance  and  Taxation.  37 

Redemption  of  Outstanding  Bonds. 

Sec.  7.  When  there  shall  be  to  the  credit  of  any  sinking  fund 
in  the  treasury  a  sum  not  less  than  twenty  thousand  dollars  which 
may  be  applied  to  the  redemption  of  any  outstanding  bonds  to 
which  such  fund  is  applicable,  which  are  not  redeemable  before 
their  maturity,  it  shall  be  the  duty  of  the  Mayor,  Auditor  and 
Treasurer  to  advertise  for  thirty  days,  inviting  proposals  for  the, 
surrender  and  redemption  of  the  bonds. 

After  such  advertisement  the  money  in  such  Sinking  Fund,  or 
such  portion  thereof  as  may  be  required  therefor,  shall  be  awarded 
to  the  person  or  persons  offering  to  surrender  said  bonds  for  the 
lowest  price.  Upon  such  award,  when  duly  audited,  the  Treas- 
urer shall,  upon  the  surrender  of  the  bonds,  pay  the  amount  to 
the  person  or  persons  to  whom  the  same  was  awarded.  No  bid  for 
the  surrender  of  any  of  the  bonds  shall  be  accepted  which  shall 
require  a  greater  sum  of  money  for  their  redemption  than  the 
then  worth  of  the  principal  and  interest  of  the  bonds,  calculated 
with  interest,  not  exceeding  four  per  centum  per  annum. 
City  May  Purchase. 

Section  7a.  All  franchises  for  street  railways  or  franchises  for 
railways  crossing  any  street  granted  under  this  Charter  shall  be 
subject  to  the  right  of  the  City  and  County,  upon  the  payment 
therefor  of  a  fair  valuation  plus  the  bonus  hereinafter  mentioned 
to  purchase  and  take  over  the  tangible  property  and  plant  includ- 
ing leases  of  any  real  property  necessary  to  such  plant  owned  by 
the  grantee  of  any  franchise  granted  under  this  Charter,  his  or 
its  successors  or  assigns  and  used  in  the  exercise  of  such  franchise. 
Such  valuation  shall  not  include  any  value  of  the  franchise,  or 
right  of  way  through  the  streets  or  any  earning  power  of  such 
property.  The  valuation  shall  include  as  part  of  the  costs  of  the 
plant,  interest  on  actual  investments  during  the  period  of  con- 
struction prior  to  the  commencement  of  operation.  If  the  pur- 
chase be  made  within  ten  years  from  the  time  the  franchise  is 
granted,  the  City  and  County  shall  pay  to  the  grantee,  his  or  its 
successors  or  assigns,  in  addition  to  the  amount  of  such  valuation, 
a  sum  or  bonus  not  less  than  ten  per  centum  nor  more  than  twenty 
per  centum  in  the  discretion  of  the  arbitrators  hereinafter  pro- 
vided for,  of  the  actual  cost  of  construction  of  the  road  and  of 
the  actual  cost  of  all  other  tangible  property  owned  by  the  grantee, 
his  successors  or  assigns,  in  use,  and  usable  for  the  purposes  for 
which  the  franchise  was  granted.  If  the  purchase  be  made  more 
than  ten  years  after  the  granting  of  the  franchise  then  the  said 
bonus  shall  be  ten  per  cent.  Such  valuation  shall  be  made  and 
the  proceedings  therefor  initiated  upon  call  for  same  by  ordi- 
nance passed  by  the  Board  of  Supervisors  or  the  electors.  On 
the  passage  of  such  an  ordinance  the  Mayor  shall  within  thirty 
days  appoint  two  arbitrators  and  forthwith  notify  the  owner 
of  said  franchise  of  their  appointment  by  written  notice  addressed 
as  follows:  "To  the  owner  of  the  franchise  for  (inserting  the 
name  of  the  franchise)'*  and  left  at  the  office  of  the  company 
operating  or  owning  the  said  franchise;  and  call  upon  such  owner 


38  Charter  of  the  City  and  County  of  San  Francisco. 

in  such  notice  to  appoint  within  thirty  days  two  arbitrators  and 
notify  the  Mayor  of  their  appointment.  Such  arbitrators  shall 
meet  and  appoint  a  fifth  arbitrator  and  shall  make  the  valuation 
provided  for  herein.  In  the  event  that  such  arbitrators  shall 
be  unable  to  agree  on  a  fifth  member  within  ten  days  from  the 
date  of  the  appointment  of  the  last  arbitrator  so  appointed,  they 
shall  request  the  Justices  of  the  Supreme  Court  of  California  to 
name  one  of  their  number  to  act  as  such  arbitrator.  If  the  said 
Justices  refuse,  or  fail  for  fifteen  days,  to  appoint  one  of  their 
number  to  serve  as  such  fifth  arbitrator,  then  each  of  the  arbi- 
trators theretofore  appointed  shall  propose  a  person  to  serve  as 
such  fifth  arbitrator.  The  names  of  the  persons  so  proposed  shall 
be  written  on  slips,  and  at  a  time  and  place  designated  not  less 
than  twenty-four  hours  in  advance  by  the  Mayor,  one  slip  shall  be 
drawn  by  lot  by  the  Mayor  in  open  meeting,  in  the  same  manner 
that  the  names  of  jurors  are  drawn  from  the  jury  box,  and  the 
person  whose  name  is  so  drawn  shall  be  the  fifth  member  of  the 
Board  of  Arbitration.  If  the  arbitrators  for  the  owner  of  the 
franchise  refuse  or  neglect  for  five  days  to  propose  such  names  the 
Mayor  shall  act  as  fifth  arbitrator.  The  life  of  no  franchise 
granted  under  this  Charter  shall  extend  beyond  thirty  days  after 
such  notice  to  the  owner  of  the  franchise  shall  have  been  served 
as  above,  unless  he  shall  have  appointed  such  two  arbitrators  within 
such  period.  If  any  arbitrator  shall  die,  be  declared  incompetent, 
absent  himself  from  the  State  or  otherwise  become  unable  to  act 
on  such  board,  the  vacancy  shall  be  filled  in  the  manner  in  which 
he  was  originally  appointed.  Upon  the  filing  of  the  decision  of 
said  arbitrators,  the  Board  of  Supervisors  shall  submit  to  the  quali- 
fied voters  in  the  manner  provided  for  the  acquisition  of  any  pub- 
lic utility,  the  acquisition  of  said  franchise,  plant  and  property 
and  the  issuance  of  bonds  for  payment  therefor.  If  two-thirds  of 
the  electors  voting  on  the  proposition  shall  approve  the  same,  then 
and  not  otherwise,  the  amount  of  the  valuation  so  determined  and 
any  bonus  payable  hereunder,  shall  be  paid  to  the  owner  of  said 
franchise  and  railroad  as  soon  as  said  bonds  are  sold  and  the  prop- 
erty and  plant  shall  become  the  property  of  the  City  and  County. 
Such  bonds  may,  with  the  consent  of  the  owner  and  at  the  discre- 
tion of  the  Board  of  Supervisors,  be  taken  at  not  less  than  par  by 
the  said  owner  in  payment  for  said  utility.  The  Mayor  shall  tender 
such  moneys  or  the  said  bonds  to  said  owner  and  unless  within  ten 
days  thereafter  he  shall  accept  the  same,  and  transfer  said  prop- 
erty to  the  City  and  County,  the  said  franchise  shall  thereupon  ex- 
pire and  all  liability  of  said  City  and  County  to  pay  the  above 
money  or  bonds  or  any  sum  whatsoever  for  such  properties  shall 
cease.  Upon  the  acceptance  of  such  money  or  bonds,  the  said 
franchise  shall  be  extinguished. 
Wages  and  Hours  of  Employees. 

Sec.  7b.  Every  franchise  shall  provide  that  employees  of  the 
person  or  company  or  corporation  operating  a  street  railroad  shall 
be  paid  not  less  than  $3  a  day  and  that  eight  hours  shall  be  the 
maximum  hours  of  labor  in  any  calendar  day,   the  same  to  be 


Article  III,  Chapter  HI.    Finance  and  Taxation.  39 

completed  within  ten  hours.  Provided,  that  nothing  in  this  sec- 
tion shall  be  construed  to  prohibit  overtime  employment,  wages 
for  such  employment  to  be  paid  at  one  and  one-half  times  the 
said  rate  of  wages  proportionate  to  each  hour  of  such  extra  service. 
Penalties. 

Sec.  7c.  Failure  to  comply  with  any  of  the  conditions  pre- 
scribed by  this  Charter,  or  any  other  lawful  conditions  which  may 
be  inserted  in  the  grant  of  franchise,  shall  work  an  immediate  for- 
feiture of  the  franchise  and  the  road  and  track  constructed  there- 
under. There  shall  be  no  power  in  the  Board  of  Supervisors  to 
relieve  from  such  forfeiture  or  from  any  such  condition. — Sections 
7a,  7h  and  7c  added  hy  amendment  November  15,  1910;  approved 
by  the  Legislature  February  17,  1911  (Statutes,  1911,  page 
1661). 

[Note — Sections  7a,  7b  and  7c  were  probably  intended  as  amendments 
to  Chapter  II,  Article  II,  but  the  petition  calling  for  their  submission 
expressly  stated  that  they  were  to  be  added  to  Chapter  II  of  Article  III.] 

CHAPTER  III. 

THE  CUSTODY  OF   PUBLIC    MONEYS. 
All   Moneys  to   Be   Paid   Into  the  Treasury.       Disbursement. 

Section  1.  All  moneys  arising  from  taxes,  licenses,  fees,  fines, 
penalties  and  forfeitures,  and  all  moneys  which  may  be  collected 
or  received  by  any  officer  of  the  City  and  County,  or  any  depart- 
ment thereof,  in  his  official  capacity,  for  the  performance  of  any 
official  duty,  and  all  moneys  accruing  to  the  City  and  County  from 
any  source,  and  all  moneys  directed  by  law  or  this  Charter  to  be 
paid  or  deposited  in  the  treasury,  shall  be  paid  into  the  treasury. 
All  officers  or  persons  collecting  or  receiving  such  moneys  must  pay 
the  same  into  the  treasury.  No  officer  or  person  other  than  the 
Treasurer  shall  pay  out  or  disburse  such  moneys,  or  any  part 
thereof,  upon  any  allowance,  claim  or  demand. 
No  Fees  Allowed  to  Salaried  Officers  or  Employees. 

Sec.  2.  Salaried  officers  shall  not  receive  nor  accept  any  fee, 
payment,  or  compensation,  directly  or  indirectly,  for  any  services 
performed  by  them  in  their  official  capacity,  nor  any  fee,  pay- 
ment, or  compensation,  for  any  official  service  performed  by  any 
of  their  deputies,  clerks,  or  employees,  whether  performed  during 
or  after  official  business  hours.  No  deputy,  clerk,  or  employee  of 
such  officers  shall  receive  or  accept  any  fee,  compensation  or  pay- 
ment, other  than  his  salary  as  now  or  hereafter  fixed  by  law,  for 
any  work  or  service  performed  by  him  of  any  official  nature,  or 
under  color  of  office,  whether  performed  during  or  after  official 
business  hours. 
All  Fees  to  Be  Paid  to  Treasurer. 

Sec.  3.  Every  fee,  commission,  percentage,  allowance,  or  other 
compensation  authorized  by  law  to  be  charged,  received,  or  col- 
lected by  any  officer  for  any  official  service,  must  be  paid  by  the 
officer  receiving  the  same  to  the  Treasurer  in  the  manner  herein 
provided. 


40  Charter  of  the  City  and  County  of  San  Francisco. 

Dally  Delivery  of  Fees  to  Treasurer. 

Sec.  4.  It  shall  be  the  duty  of  every  officer  authorized  by  law 
to  charge,  receive  or  collect  any  fee,  commission,  percentage,  allow- 
ance, or  compensation  for  the  performance  of  any  official  service 
or  duty  of  any  kind  or  nature,  or  rendered  in  any  official  capacity, 
or  by  reason  of  any  official  duty  or  employment,  to  deliver  the 
same  to  the  Treasurer  at  the  expiration  of  each  business  day.  The 
Treasurer  shall  thereupon  deliver  to  such  officer  a  receipt  for  the 
money  so  paid,  which  shall  show  the  amount  of  money  received, 
the  day  and  hour  when  paid,  the  name  of  the  officer  paying  the 
same,  the  nature  of  the  service  performed,  and  the  name  and 
official  designation  of  the  person  by  whom  the  service  was  per- 
formed; and  like  entries  shall  be  made  upon  the  stub  of  such 
receipt,  which  shall  be  kept  by  the  Treasurer.  The  Treasurer 
shall  place  all  such  moneys  in  a  fund  to  be  designated  the  "Unap- 
portioned  Fee  Fund,"  which  is  hereby  created,  and  shall  keep 
such  fund  as  other  funds  in  the  treasury  are  kept,  and  shall  be 
liable  on  his  official  bond  for  all  money  so  received. 

Official   Receipts. 

Sec.  5.  The  Auditor  or  other  proper  officer  must  prepare  and 
deliver  from  time  to  time  to  the  Treasurer,  and  to  every  officer 
authorized  by  law  to  charge-  any  fee,  commission,  percentage, 
allowance,  or  compensation,  for  the  performance  of  any  official 
service  or  duty,  as  many  official  receipts  as  may  be  required, 
charging  therewith  the  Treasurer  or  other  officer  receiving  them. 
Such  official  receipts  must  be  bound  into  books  containing  not 
less  than  one  hundred  such  receipts,  and  numbered  consecutively, 
beginning  with  number  one  in  each  class  required  for  each  officer 
for  each  fiscal  year,  and  provided  with  a  stub  corresponding  in 
number  with  receipt.  When  the  books  containing  receipts  are 
exhausted  by  the  officer  receiving  them,  he  shall  return  the  stubs 
thereof  to  the  Auditor  or  other  proper  officer,  in  whose  custody 
they  shall  remain  thereafter. 

Treasurer's  Receipts. 

Sec.  6,  When  a  receipt,  as  herein  provided,  is  issued  by  the 
Treasurer,  he  must  state  therein  the  date  of  payment,  the  name 
of  the  person  making  the  payment,  the  amount  of  such  payment, 
the  nature  of  the  service  for  which  the  charge  is  made,  and  the 
name  and  official  designation  of  the  officer  performing  the  service, 
and  shall  make  corresponding  entries  on  the  stub  of  each  receipt. 

Receipts  of  Other  Officers. 

Sec.  7.  When  any  receipt  is  issued  by  any  officer  other  than 
the  Treasurer  as  herein  provided,  he  shall  state  therein  the  day 
and  hour  of  the  delivery  to  him  of  the  Treasurer's  receipt,  the 
nature  of  the  service  therein  described,  and  the  amount  charged 
therefor,  and  the  name  of  the  person  by  whom  such  receipt  is 
delivered  to  him,  and  shall  make  corresponding  entries  on  the 
stub  to  which  such  receipt  is  attached. 


Article  III,  Chapter  III.    Finance  and  Taxation.  41 

Treasurer's  Monthly  Report. 

Sec.  8.  On  the  first  day  of  each  month  the  Treasurer  must 
make  to  the  Auditor  a  report  under  oath  of  all  moneys  received 
by  him  during  the  preceding  month,  showing  the  date  and  num- 
ber of  the  receipt  on  which  the  money  was  received,  the  amount 
of  each  payment,  by  whom  paid,  the  nature  of  the  service,  and 
the  name  and  official  designation  of  the  officer  performing  the 
service.  At  the  same  time,  or  oftener,  if  required  by  the  Auditor, 
the  Treasurer  shall  exhibit  to  the  Auditor  all  official  receipts  re- 
ceived by  him  during  the  previous  month,  and  all  official  receipts 
remaining  in  his  hands,  unused  or  not  issued,  at  the  close  of  busi- 
ness on  the  last  day  of  the  preceding  month. 

Monthly  Reports  and  Exhibits  of  Officers. 

Sec.  9.  On  the  first  day  of  each  month  every  officer  authorized 
by  law  to  charge  any  fee,  commission,  percentage,  allowance  or 
compensation,  must  make  to  the  Auditor  a  report  under  oath  of 
all  official  receipts  issued  by  him  during  the  preceding  month, 
showing  the  date  and  number  of  each  receipt,  to  whom  issued, 
the  nature  of  the  service  for  w^hich  the  charge  was  made,  and 
the  amount  of  such  charge;  and  must  at  the  same  time  or  oftener, 
if  required,  exhibit  to  the  Auditor,  or  other  proper  officer,  all  the 
Treasurer's  receipts  deposited  with  him  during  the  preceding 
month,  and  all  receipts  remaining  in  his  hands,  unused  or  not 
issued,  at  the  close  of  business  on  the  last  day  of  each  preceding 
month. 

Settlement  of  Accounts. 

Sec.  10.  Upon  receiving  the  reports  prescribed  by  sections  eight 
and  nine  of  this  Chapter,  the  Auditor  shall  examine  and  settle 
the  accounts  of  each  officer,  and  apportion  such  moneys  to  the 
fund  or  funds  to  which  they  are  appropriated  by  law,  and  certify 
such  apportionment  to  the  Treasurer,  who  shall  thereupon  trans- 
fer from  the  ''Unapportioned  Fee  Fund"  the  amounts  so  certified, 
and  credit  each  fund  entitled  thereto  with  the  proper  amount  so 
apportioned. 

Mileage.     Monthly  Statements. 

Sec.  11.  Every  officer  who  is  by  law  allowed  to  charge  and 
collect  mileage  for  the  service  of  process,  or  other  like  service, 
shall  at  the  end  of  each  month  prepare  and  deliver  to  the  Auditor 
a  statement  showing  each  process  served,  the  title  of  the  cause, 
the  name  of  the  deputy  or  other  subordinate  officer  who  made  the 
service,  the  number  of  miles  actually  traveled  in  making  such 
service,  the  exact  day  whei»  such  service  was  made,  and  between 
what  hours  of  the  day,  and  such  statement  shall  be  verified  by  the 
oath  of  such  officer.  The  Auditor  shall  examine  such  statement, 
and  issue  his  warrant  upon  the  Treasurer  for  such  amount  of 
money  as  will  reimburse  such  officer  for  his  lawful  expenses  in 
making  such  service.  Such  warrant  shall  be  paid  by  the  Treas- 
urer, without  further  approval,  out  of  the  '  *  Unapportioned  Fee 
Fund."    No  extra  mileage  shall  be  charged  or  allowed  for  service 


42  Charter  of  the  City  and  County  of  San  Francisco. 

of  two  or  more  processes  served  on  the  same  trip  by  the  same 
deputy  or  deputies,  except  for  extra  mileage  actually  traveled  in 
serving  additional  process.  All  mileage  charged  in  violation  of 
this  section  shall  be  disallowed  by  the  Auditor,  and  all  amounts 
disallowed  for  any  reason  shall  be  apportioned  as  other  moneys 
in  the  ''Unapportioned  Fee  Fund." 
Employment  of  Extra  Assistants. 

Sec.  12.  When  an  officer,  legally  authorized  to  employ  a  per- 
son other  than  one  of  his  deputies  or  assistants  at  a  stated  com- 
pensation fixed  by  law,  has  employed  such  person,  and  in  pursu- 
ance of  such  employment  such  person  has  rendered  the  service 
for  which  he  was  employed,  such  officer  shall,  at  the  end  of  each 
month,  prepare  and  deliver  to  the  Auditor  a  statement  vei^ified 
by  the  oath  of  such  officer,  showing  the  case  or  instance  in  which 
such  service  was  performed,  for  whom  performed,  the  name  of  the 
person  so  employed,  by  whom  the  service  was  performed,  the 
amount  of  the  charge  therefor,  the  time  actually  employed  in  per- 
forming such  service,  and  the  dates  of  the  beginning  and  ending 
of  the  period  during  which  such  person  was  so  employed.  The 
Auditor  shall  thereupon  examine  such  statement,  and  if  he  finds 
the  same  correct,  he  shall  audit  and  allow  the  verified  demand  of 
such  person  so  employed  and  performing  the  service  for  the  sum 
or  sums  so  earned  by  him  for  such  service,  and  the  Treasurer 
shall  pay  such  demand  so  audited  and  allowed,  without  further 
approval,  out  of  the  ' ' Unapportioned  Fee  Fund." 

Allowance  of  Salaries  Fixed  by  Law.     Demands  Against  Common  School 
Fund. 

Sec.  13.  The  demand  of  the  Auditor  for  his  monthly  salary 
shall  be  audited  and  allowed  by  the  Mayor.  All  other  demands 
on  account  of  salaries  fixed  by  law,  ordinance,  or  this  Charter, 
and  made  payable  out  of  the  treasury,  may  be  allowed  by  the 
Auditor  without  any  previous  approval.  All  demands  payable 
out  of  the  Common  School  Fund  must,  before  they  can  be  allowed 
or  paid,  be  previously  approved  by  the  Board  of  Education.  De- 
mands payable  out  of  the  treasury  for  salaries,  wages,  or  com- 
pensation of  deputies,  clerks,  assistants,  or  employees,  in  any  office 
or  department,  must,  before  they  can  be  audited  or  paid,  be  first 
approved  in  writing  by  the  officer,  board,  department  or  authority 
under  w^hom,  or  in  which,  such  demand  originated.  All  other 
demands  payable  out  of  any  funds  in  the  treasury,  must,  before 
they  can  be  allowed  by  the  Auditor,  or  recognized,  or  paid,  be 
first  approved  by  the  department,  board  or  officer,  in  which  the 
same  has  originated,  and  in  all  such  cases  must  be  approved  by 
the  Supervisors. 

Every  demand  against  the  City  and  County  shall,  in  addition 
to  the  other  entries  and  indorsements  upon  the  same  required  by 
this  Charter,  show:  1.  The  ordinance  or  authorization  under 
which  the  same  was  allowed.  2.  The  name  of  the  board,  depart- 
ment or  authority  authorizing  the  same.    3.    The  fiscal  year  within 


Article  III,  Chapter  IV.    Finance  and  Taxation.  43 

which  the  indebtedness  was  incurred.  4.  The  appropriation  pro- 
vided to  meet  the  demand.  5.  The  name  of  the  specific  fund  out 
of  which  the  demand  is  payable.  Each  demand  shall  have  written 
or  printed  upon  it  a  statement  that  the  same  can  only  be  paid 
out  of  the  income  and  revenue  provided,  collected  and  paid  into 
the  proper  specific  fund  in  the  treasury  for  the  fiscal  year  within 
wliieh  the  indebtedness  was  incurred,  and  shall  refer  to  Chapter  II 
of  this  Article,  and  be  numbered  with  reference  to  the  fund  out  of 
which  it  is  payable. 

Sec.  14.  Whenever  any  person  has,  or  has  received,  moneys 
or  other  personal  property  belonging  to  the  City  and  County,  or 
has  been  intrusted  with  the  collection,  management  or  disburse- 
ment of  any  moneys,  bonds,  or  interest  accruing  therefrom,  belong- 
•ing  to  or  held  in  trust  by  the  City  and  County,  and  fails  to 
render  an  account  thereof  to,  and  make  settlement  w4th,  the 
Treasurer  within  the  time  prescribed  by  law;  or,  when  no  par- 
ticular time  is  specified,  fails  to  render  such  account  and  make 
such  settlement,  or  who  fails  to  pay  into  the  treasury  any  moneys 
belonging  to  the  City  and  County  upon  being  required  to  do  so 
by  the  Auditor,  within  twenty  days  after  such  requisition,  the 
Auditor  must  state  an  account  with  such  person,  charging  twenty- 
five  per  centum  damages,  and  interest  at  the  rate  of  ten  per  centum 
per  annum  from  the  time  of  such  failure. 

A  copy  of  such  account  in  any  suit  therein  is  prima  facie  evi- 
dence of  the  things  therein  stated.  In  case  the  Auditor  cannot 
for  want  of  information  state  an  account,  he  may  in  any  action 
brought  by  him  aver  that  fact,  and  allege  generally  the  amount 
of  money  or  other  property  which  is  due  to  or  which  belongs  to 
the  City  and  County,  The  City  Attorney  must  prosecute  all  ac- 
tions that-  may  be  brought  under  this  section  within  ten  days 
after  notification  by  the  Auditor. 

CHAPTER  IV. 

PAYMENT   OF   CLAIMS. 
Monthly    Payment   of   Salaries.      Limitation    Upon    Demands.      Revival    of 
Claims. 

Section  1.  The  salaries  and  compensation  of  all  officers,  includ- 
ing policemen  and  employees  of  all  classes,  and  all  teachers  in  the 
public  schools,  and  others  employed  at  fixed  wages,  shall  be  pay- 
able montlily.  Any  demand  upon  the  treasury  accruing  under 
this  Charter  shall  not  be  paid,  but  shall  be  forever  barred  by  limi- 
tation of  time,  unless  the  same  be  presented  for  payment,  prop- 
erly audited,  within  one  month  after  such  demand  became  due 
and  payable;  or,  if  it  be  a  demand  which  must  be  passed  and 
approved  by  the  Supervisors  or  Board  of  Education,  or  by  any 
other  Board,  then  within  one  month  after  the  first  regular  meet- 
ing of  the  proper  Board  held  next  after  the  demand  accrued;  or, 
unless  the  Supervisors  shall,  within  six  months  after  the  demand 
accrued  as  aforesaid,  on  a  careful  examination  of  the  facts,  resolve 
that  the  same  is  in  all  respects  just  and  legal,  and  the  presenta- 


44  Charter  of  the  City  and  County  of  San  Francisco. 

tion  of  it,  as  above  required,  was  not  in  the  power  either  of  the 
original  party  interested  or  his  agent,  or  the  present  holder,  in 
which  case  they  may  by  ordinance  revive  such  claim;  but  it  shall 
be  barred  in  the  same  manner  unless  presented  for  payment  within 
twenty  days  thereafter.  No  valid  demand  arising  subsequent  to 
the  claim  which  may  be  revived  as  aforesaid  shall  be  rendered 
invalid  by  reason  of  such  revival  exhausting  the  fund  out  of  which 
subsequent  claims  might  otherwise  be  paid.  Such  revived  claim 
shall  take  rank  as  of  the  day  of  its  revival. 


Article  IV,  Chapter  I.    Executive  Department.  45 

ARTICLE  IV. 

EXECUTIVE  DEPARTMENT. 

CHAPTER  I. 

THE    MAYOR. 
Qualifications.    Term.     Salary.    Appointees  In  His  Office.     Salaries. 

Section  1.  The  chief  executive  officer  of  the  City  and  County 
shall  be  designated  the  Mayor.  He  shall  be  an  elector  of  the  City 
and  County  at  the  time  of  his  election,  and  must  have  been  such 
for  at  least  five  years  next  preceding  such  time.  He  shall  be  elected 
by  the  people  and  hold  office  for  two*  years.  He  shall  receive  an 
annual  salary  of  six  thousand  dollars.  He  may  appoint  a  Secre- 
tary, who  shall  receive  an  annual  salary  of  twenty-four  hundred 
dollars;  an  usher,  who  shall  receive  an  annual  salary  of  nine  hun- 
dred dollars;  and  a  stenographer  and  type- writer,  w^ho  shall  re- 
ceive an  annual  salary  of  nine  hundred  dollars.  All  of  said  ap- 
pointees shall  hold  their  positions  at  the  pleasure  of  the  Mayor. 

Mayor's  Duties. 

Sec.  2.  The  Mayor  shall  vigilantly  observe  the  official  conduct 
of  all  public  officers  and  the  manner  in  which  they  execute  their 
duties  and  fulfill  their  obligations.  The  books,  records  and  official 
papers  of  all  departments,  officers  and  persons  in  the  employ  of 
the  City  and  County  shall  at  all  times  be  open  to  his  inspection 
and  examination.  He  shall  take  special  care  that  the  books  and 
records  of  all  departments,  boards,  officers  and  persons  are  kept 
in  legal  and  proper  form.  When  any  official  defalcation  or  wilful 
neglect  of  duty  or  official  misconduct  shall  come  to  his  knowledge, 
he  shall  suspend  the  delinquent  officer  or  person  from  office  pending 
an  official  investigation. 

The  ^layor  shall  from  time  to  time  recommend  to  the  proper 
officers  of  the  different  departments  such  measures  as  he  may  deem 
beneficial  to  public  interest.  He  shall  see  that  the  law^s  of  the 
State  and  ordinances  of  the  City  and  County  are  observed  and 
enforced.  He  shall  have  a  general  supervision  over  all  the  depart- 
ments and  public  institutions,  of  the  City  and  County,  and  see  that 
they  are  honestly,  economically  and  lawfully  conducted,  and  shall 
liave  the  right  to  attend  the  meetings  of  any  of  the  Boards  provided 
for  in  this  Charter,  and  offer  suggestions  at  such  meetings.  He 
shall  take  all  proper  measures  for  the  preservation  of  public  order 
and  the  suppression  of  all  riots  and  tumults,  for  w^hich  purpose 
he  may  use  and  command  the  police  force.  If  such  police  force  is 
insufficient,  he  shall  call  upon  the  Governor  for  military  aid  in  the 
manner  provided  by  law,  so  that  such  riots  or  tumults  may  be 
promptly  and  effectually  suppressed. 


•Term  made  four  years:    Section  38a,  Article  XVI. 


46  Charter  of  the  City  and  County  of  San  Francisco. 

Execution  of  Public  Contracts  and  Agreements.  Actions  to  Annul  For- 
feited Franchises.     Postpone  Franchises. 

Sec.  3.  The  Mayor  shall  see  that  all  contracts  and  agreements 
with  the  City  and  County  are  faithfully  kept  and  fully  performed. 
It  shall  be  the  duty  of  every  officer  and  person  in  the  employ  or 
service  of  the  City  and  County,  when  it  shall  come  to  his  knowledge 
that  any  contract  or  agreement  with  the  City  and  County,  or  with 
any  officer  or  department  thereof,  or  relating  to  the  business  of 
any  office,  has  been  or  is  about  to  be  violated  by  the  other  contract- 
ing party,  forthwith  to  report  to  the  Mayor  all  facts  and  informa- 
tion within  his  possession  concerning  such  matter.  A  willful  failure 
to  do  so  shall  be  cause  for  the  removal  of  such  officer  or  employee. 
The  Mayor  shall  give  a  certificate  on  demand  to  any  person  re- 
porting such  facts  and  information  that  he  has  done  so,  and  such 
certificate  shall  be  evidence  in  exoneration  from  a  charge  of  neglect 
of  duty. 

The  Mayor  must  institute  such  actions  or  proceedings  as  may 
be  necessary  to  revoke,  cancel  or  annul  all  franchises  that  may 
have  been  granted  by  the  City  and  County  to  any  person,  com- 
pany or  corporation  which  have  been  forfeited  in  whole  or  in 
part  or  which  for  any  reason  are  illegal  and  void  and  not  binding 
upon  the  City.  The  City  Attorney,  on  demand  of  the  Mayor, 
must  institute  and  prosecute  the  necessary  actions  to  enforce  the 
provisions  of  this  section. 

The  Mayor  shall  have  power  to  postpone  final  action  on  any 
franchise  that  may  be  passed  by  the  Supervisors  until  such  pro- 
posed franchise  shall  be  ratified  or  rejected  by  a  majority  of  the 
votes  cast  on  the  question  at  the  next  election. 

Offices  and  Vacancies  Not  Provided  in  Charter. 

Sec.  4.  The  Mayor  shall  appoint  all  officers  of  the  City  and 
County  whose  election  or  appointment  is  not  otherwise  specially 
provided  for  in  this  Charter  or  by  law.  When  a  vacancy  occurs 
in  any  office,  and  provision  is  not  otherwise  made  in  this  Charter 
or  by  law  for  filling  the  same,  the  Mayor  shall  appoint  a  suitable 
person  to  fill  such  vacancy,  who  shall  hold  office  for  the  remainder 
of  the  unexpired  term. 

Ex-Offlcio  President  of  Supervisors. 

Sec.  5.  The  Mayor  shall  be  President  of  the  Board  of  Super- 
visors by  virtue  of  his  office.  He  may  call  extra  sessions  of  the 
Board,  and  shall  communicate  to  them  in  writing  the  objects  for 
which  they  have  been  convened;  and  their  acts  at  such  sessions 
shall  be  confined  to  such  objects. 

President  Pro  Tern.      Vacancy  In  Mayoralty. 

Sec.  6.  When  and  so  long  as  the  Mayor  is  temporarily  unable 
to  perform  his  duties,  a  member  of  the  Board  shall  be  chosen 
President  pro  tempore,  who  shall  act  as  such,  Mayor.  When  a 
vacancy  occurs  in  the  office  of  Mayor,  it  shall  be  filled  for  the 
unexpired  term  by  the  Supervisors. 


Article  IV,  Chapter  11.    Executive  Department.  47 

CHAPTER  II. 

THE   AUDITOR. 
Qualifications.     Term.     Salary.     Duties. 

Section  1.  The  head  of  the  Finance  Department  of  the  City 
and  County  shall  be  designated  the  Auditor.  He  shall  be  an 
elector  of  the  City  and  County  at  the  time  of  his  election  and 
must  have  been  such  for  at  least  five  years  next  preceding  such 
time.  He  shall  be  elected  by  the  people  and  hold  office  for  two* 
years.  He  shall  receive  an  annual  salary  of  four  thousand  dollars. 
The  Auditor  must  always  know  the  exact  condition  of  the  treasury 
and  every  demand  upon  it.  He  shall  be  in  personal  attendance 
at  his  office  daily  during  office  hours.  He  shall  be  the  general 
accountant  of  the  City  and  County,  and  shall  receive  and  preserve 
in  his  office  all  accounts,  books,  vouchers,  documents  and  papers 
relating  to  the  accounts  and  contracts  of  the  City  and  County,  its 
debts,  revenues  and  otlier  financial  affairs.  He  shall  give  informa- 
tion as  to  the  exact  condition  of  the  treasury  and  of  every  appro- 
priation and  fund  thereof,  upon  demand  of  the  IMayor,  the  Super- 
visors, or  any  committee  or  members  thereof. 
Appointees.     Qualifications.     Salaries. 

Sec.  2.  The  Auditor  shall  appoint  a  Deputy  Auditor,  who  shall 
possess  the  qualifications  required  of  the  Auditor,  and  who  shall 
receive  an  annual  salary  of  twenty-four  hundred  dollars.  The 
Auditor  may  also  appoint  two  assistant  deputies,  w^ho  shall  each 
receive  an  annual  salary  of  fifteen  hundred  dollars,  and  two  clerks, 
who  shall  each  receive  an  annual  salary  of  twelve  hundred  dollars. 
He  may  employ  such  number  of  extra  clerks  during  the  time  their 
services  may  be  necessary  for  the  lawful  discharge  of  his  official 
duties,  as  the  Board  of  Supervisors  may  designate.  Such  extra 
clerks  shall  each  receive  a  salary  not  to  exceed  one  hundred  dollars 
a  month  for  the  time  they  shall  be  actually  employed.  The  Auditor 
shall  be  allowed  to  expend  not  exceeding  eighteen  hundred  dollars 
a  year  for  counsel  and  attorney's  fees. 
Demands  Must  Be  Audited. 

Sec.  3.  The  Auditor  shall  keep  an  account  of  all  moneys  paid 
into  and  out  of  the  treasury,  and  the  Treasurer  shall  pay  no  money 
out  of  the  treasury  except  upon  demand  approved  by  the  Auditor. 
Any  ordinance  or  law  providing  for  the  payment  of  any  demand 
out  of  the  treasury  or  any  fund  thereof  (whether  from  public 
funds  or  from  private  funds  deposited  therein)  shall  always  be 
construed  as  requiring  the  auditing  of  such  demand  by  the  Au- 
ditor before  the  same  be  paid. 
Demands  to  Be  Numbered  and  Recorded. 

Sec.  4.  He  shall  number  and  keep  an  official  record  of  all  de- 
mands audited  by  him,  showing  the  number,  date,  amount,  name 
of  the  original  holder,  on  what  account  allowed,  against  what 
appropriation  drawn,  out  of  what  fund  payable,  and,  if  previously 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


48  Charter  of  the  City  and  County  of  San  Francisco. 

approved  or  allowed,  by  what  officer,  department  or  board  it  has 
been  so  approved  or  allowed.    It  shall  be  misconduct  in  office  for 
the  Auditor  to  deliver  a  demand  with  his  official  approval  until 
this  requirement  shall  have  been  complied  with. 
Approval  of  Demands. 

Sec.  5.     The  Auditor  shall  approve  no  demand  unless  the  same 
has  been  allowed  by  every  officer,  board,  department  and  com- 
mittee required  to  act  thereon. 
Auditor  Must  Deduct  Debits  from  Demands. 

Sec.  6.  No  demand  shall  be  allowed  by  the  Auditor  in  favor 
of  any  corporation  or  person  in  any  manner  indebted  to  the  City 
and  County,  except  for  taxes  not  delinquent,  without  first  deduct- 
ing the  amount  of  any  indebtedness  of  which  he  has  notice;  nor 
in  favor  of  any  person  having  the  collection,  custody  or  disburse- 
ment of  public  funds,  unless  his  account  has  been  presented, 
passed,  approved  and  allowed  as  herein  required;  nor  in  favor 
of  any  officer  who  has  neglected  to  make  his  official  returns  or 
reports  in  the  manner  and  at  the  time  required  by  law,  ordinance, 
or  the  regulations  of  the  Supervisors;  nor  in  favor  of  any  officer 
who  has  neglected  or  refused  to  comply  with  any  of  the  provi- 
sions of  law  regulating  his  duties,  nor  in  favor  of  any  officer  or 
employee  for  the  time  he  shall  have  absented  himself  without 
legal  cause  from  the  duties  of  his  office  during  office  hours.  The 
Auditor  must  always  examine  on  oath  any  person  receiving  a  sal- 
ary from  the  City  and  County  touching  such  absence. 

The  Auditor  may  require  any  person  presenting  for  settlement 
an  account  or  claim  for  any  cause  against  the  City  and  County  to 
be  sworn  before  him  touching  such  account  or  claim,  and  when 
so  sworn,  to  answer  orally  as  to  any  facts  relative  to  the  justice 
of  such  account  or  claim.  Moneys  placed  in  the  Special  Deposit 
Fund  shall  not  be  subject  to  the  provisions  of  this  section. 

Demands  Must  Be  Indorsed  by  Auditor. 

Sec.  7.  Every  demand  upon  the  Treasurer,  except  the  salary 
of  the  Auditor,  must  before  it  can  be  paid,  be  presented  to  the 
Auditor,  who  shall  satisfy  himself  whether  the  money  is  legally 
due,  and  its  payment  authorized  by  law,  and  against  what  appro- 
priation payable  and  out  of  what  fund  it  is  payable.  If  he  allow 
it,  he  shall  endorse  upon  it  the  word  ''Allowed,"  with  the  name 
of  the  fund  out  of  which  it  is  payable,  and  the  date  of  such  allow- 
ance, and  sign  his  name  thereto.  No  demand  shall  be  approved, 
allowed,  audited  or  paid  unless  it  specify  each  special  item,  date 
and  amount  composing  it,  and  refer  by  chapter  and  section  to  the 
provisions  of  this  Charter  authorizing  the  same. 

Register  of  Warrants. 

Sec.  8.  The  Auditor  shall  keep  a  register  of  warrants,  showing 
the  funds  upon  which  they  are  drawn,  the  number,  in  whose 
favor,  for  what  service,  the  appropriation  applicable  to  the  pay- 
ment thereof,  when  the  liability  accrued,  and  a  receipt  from  the 


Article  IV,  Chapter  III.    Executive  Department.  49 

person  to  whom  the  warrant  is  delivered.  He  shall  not  allow  any 
demand  out  of  its  order,  nor  give  priority  to  one  demand  over  an- 
other drawn  upon  the  same  specified  fund,  except  for  the  purpose 
of  determining  its  legality. 

Payments  for  Work  Outside  of  City. 

Sec.  9.  The  Supervisors  may  by  ordinance  authorize  and  pro- 
vide for  the  payment  through  the  agency  of  any  regularly  licensed 
bank  in  the  State  of  California  of  wages,  salaries  or  compensation 
due  to  any  person  or  persons  engaged  on  public  work  of  the  City 
and  County  outside  of  the  limits  thereof.  In  such  cases,  payrolls 
covering  such  wages,  salaries  or  compensation  must  be  first  ap- 
proved by  the  board  or  officer  in  charge  of  such  outside  work  and 
forwarded  to  the  Auditor  for  his  audit  and  approval.  After  ap- 
proving the  same  he  shall,  if  so  directed  by  such  ordinance,  draw 
his  warrant  for  the  gross  amount  of  said  payroll  as  approved  in 
favor  of  such  bank,  and  the  Treasurer  shall  upon  receipt  of  such 
w^arrant  pay  the  amount  thereof  over  to  said  bank  for  distribution 
to  the  persons  entitled  to  the  same  in  such  manner  as  may  by  said 
ordinance  be  provided. — New  section  added  hy  amendment  Novem- 
ber 5,  1918;  approved  hy  the  Legislature  January  17,  1919  (Stat- 
utes, 1919). 

CHAPTER  III. 

THE  TREASURER. 
Qualifications.     Term.     Salary.     Appointees.     Salaries. 

Section  1.  There  shall  be  a  Treasurer  of  the  City  and  County, 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  time.  He  shall  be  elected  by  the  people,  and  hold 
his  office  for  two*  years.  He  shall  receive  an  annual  salary  of  four 
thousand  dollars,  which  shall  be  in  full  compensation  for  all  his 
services.  He  may  appoint  a  chief  deputy,  who  shall  receive  an 
annual  salary  of  twenty-four  hundred  dollars,  two  assistant  dep- 
uties, who  shall  each  receive  an  annual  salary  of  eighteen  hun- 
dred dollars,  and  one  clerk,  who  shall  receive  an  annual  salary  of 
twelve  hundred  dollars. 

Duties  of  Treasurer.     Deposit  of  Public  Funds  and  Procedure  Therefor. 

Sec.  2.  The  Treasurer  shall  receive  and  safely  keep  all  moneys 
which  shall  be  paid  into  the  treasury.  Except  as  hereinafter  pro- 
vided, he  shall  not  lend,  exchange,  use  nor  deposit  the  same,  or 
any  part  thereof,  to  or  with  any  bank,  banker  or  person;  nor  pay 
out  any  part  of  such  moneys,  nor  allow  the  same  to  pass  out  of  his 
personal  custody,  except  upon  demands  authorized  by  law  or  this 
Charter,  and  after  they  shall  have  been  approved  by  the  Auditor. 
At  the  close  of  business  each  day,  he  shall  take  an  account  of  and 
enter  in  the  proper  book  the  exact  amount  of  money  on  hand.  At 
the  end  of  every  month  he  shall  make  out  and  file  with  the  Mayor 
and  publish  quarterly  in  the  official  newspaper  a  statement  of  the 


•Term  made  four  years:    Section  38a,  Article  XVI. 


50  Charter  of  the  City  and  County  of  San  Francisco. 

condition  of  the  treasury,  showing  the  amounts  of  receipts  into  and 
payments  from  the  treasury,  and  on  what  account,  and  out  of  what 
fund.  If  he  violate  any  of  the  provisions  of  this  section,  he  shall 
be  guilty  of  misconduct  in  office,  and  be  liable  to  removal  there- 
from, and  be  proceeded  against  accordingly.  He  shall  keep  the 
accounts  belonging  to  each  fund  separate  and  distinct,  and  shall  in 
no  case  pay  demands  chargeable  against  one  fund  out  of  moneys 
belonging  to  another.  He  shall  be  in  personal  attendance  at  his 
office  each  day  during  office  hours.  No  fees  of  any  kind  shall  be 
retained  by  him,  but  the  same,  from  whatever  source  received  or 
derived,  shall  be  paid  by  him  into  the  treasury. 

All  moneys  paid  into  the  treasury  of  the  City  and  County  may 
be  deposited  by  the  Treasurer,  upon  the  written  consent  of  the 
Mayor,  the  Auditor  and  the  Chairman  of  the  Finance  Committee 
of  the  Board  of  Supervisors,  in  any  licensed  national  bank  or  banks 
within  this  State,  or  in  any  bank,  banks,  or  corporations  authorized 
and  licensed  to  do  a  banking  business  and  organized  under  the 
laws  of  this  State,  provided  that  such  bank  or  banks  in  which  such 
moneys  are  deposited  shall  furnish  as  security  for  such  deposits, 
bonds  of  the  United  States  or  of  this  State,  or  of  any  county, 
municipality  or  school  district  within  this  State,  approved  by  the 
Treasurer  and  the  City  Attorney.  The  market  value  of  the  bonds 
furnished  as  security  shall  be  at  least  10  per  cent  in  excess  of  the 
amount  of  the  deposit  secured  thereby;,  but  the  amount  of  the 
deposit  shall  in  no  case  exceed  the  face  value  of  the  bonds  furnished 
as  security  therefor.  And  provided  that  such  bank  or  banks  shall 
pay  a  reasonable  rate  of  interest,  not  less  than  2  per  cent  per  an- 
num, on  the  daily  balances  therein  deposited. 

The  rate  of  interest  shall  be  fixed  annually  as  herein  provided  in 
the  month  of  January  of  each  year  on  all  deposits  to  be  made  for 
such  year;  provided  that  the  rate  of  interest  for  the  year  ending 
December  31st,  1907,  may  be  fixed  as  herein  provided  within  ten 
days  after  this  section  goes  into  effect.  The  rate  of  interest  shall  be 
fixed  by  the  Treasurer,  the  Auditor  and  the  Mayor,  and  the  same 
reported  in  writing  to  the  Board  of  Supervisors  immediately.  Said 
rate  of  interest  shall  be  a  reasonable  rate  and  not  less  than  2  per 
cent  per  annum  on  the  daily  balances  deposited;  and  the  rate  of 
interest  so  established  for  each  year  as  herein  provided,  shall  be 
the  uniform  rate  of  interest  required  from  all  banks  receiving: 
deposits  from  the  City  and  County  for  that  year.  Interest  on  all 
moneys  deposited  as  herein  provided  for  shall  belong  to  the  City 
and  County  and  shall  be  paid  quarterly  into  the  general  fund  of 
the  City  and  County  except  where  the  law  or  this  Charter  other- 
wise directs. 

It  shall  be  the  duty  of  the  Treasurer  to  receive  from  the  bank 
in  which  the  deposit  is  made,  a  receipt  or  receipts  in  duplicate, 
showing  the  date  and  amount  of  deposit  and  rate  of  interest  to 
be  paid  thereon,  one  copy  of  which  said  Treasurer  shall  keep  on 
file  in  his  office  and  he  shall  file  one  copy  with  the  Auditor. 


Article  IV,  Chapter  III.    Executive  Department.  51 

The  Treasurer  shall  keep  a  record  in  his  office,  which  shall  be 
open  to  public  inspection,  showing  at  all  times  the  amount  of 
money  on  deposit  in  all  banks  in  which  the  same  is  deposited,  and 
dates  of  deposit;  also  a  record  of  all  banks  making  application  for 
the  deposit  of  the  public  funds. 

The  total  amount  of  public  moneys  on  deposit  in  any  bank  shall 
not  at  any  time  exceed  50  per  cent  of  the  paid-up  capital  stock  of 
such  depository  bank  or  banks.  The  Treasurer  shall  not  have  on 
deposit  at  any  one  time  more  than  10  per  cent  of  the  public 
moneys  under  his  control  and  available  for  deposit  in  any  bank 
while  there  are  other  qualified  banks  requesting  such  deposits; 
provided,  that  the  Treasurer  shall  not  be  required  to  deposit  pub- 
lic moneys  in  any  bank  outside  the  City  and  County. 

The  receipt  issued  by  any  bank  for  deposits  made  therein,  to- 
gether with  the  bonds  held  as  security  therefor,  shall  be  held  by 
the  Treasurer  and  be  recognized  and  counted  as  cash  to  the  amount 
recited  in  the  receipt  by  the  officers  required  by  law  to  count  the 
same. 

Deposits,  with  interest  thereon,  shall  be  subject  to  withdrawal  on 
demand  of  the  Treasurer,  conjointly  with  that  of  the  Mayor,  and 
any  bank  receiving  the  deposit  of  public  moneys,  may,  at  any 
time,  return  the  same  to  the  Treasurer,  together  with  interest  to 
date  of  return  and  it  shall  be  the  duty  of  the  Treasurer,  upon 
receiving  the  return  of  such  deposit,  to  immediately  return  to 
such  bank  all  bonds  held  as  security  for  the  deposit  returned. 
When  the  Treasurer  withdraws  his  deposit,  he  shall  return,  on  the 
demand  of  the  bank,  such  bonds  as  were  held  as  security  for  the 
deposit  or  portion  thereof  withdrawn. 

Should  any  bank  fail  to  pay  any  public  moneys  held  on  deposit 
as  herein  provided,  the  Treasurer  (with  the  written  consent  of  the 
]\Iayor)  may,  after  ten  days  written  notice  to  such  bank,  proceed 
to  sell  at  public  or  private  sale  such  of  the  bonds  held  by  him  as 
security  as  he  may  see  fit;  provided,  however,  that  he  shall  sell  no 
bonds  for  less  than  their  face  value  except  at  public  sale,  after  ten 
days  printed  notice  in  the  official  newspaper.  The  proceeds  of 
such  sale,  after  paying  all  expenses,  shall  be  credited  to  the  account 
of  the  bank  which  deposits  the  bonds  as  collateral.  Any  bank 
failing  to  make  payment  may,  at  any  time  before  the  sale  of  the 
])onds  is  completed,  stop  such  sale  by  repaying  all  the  moneys  de- 
posited with  it,  together  with  any  expense  that  may  have  been  in- 
curred by  the  Treasurer  as  the  result  of  such  failure.  Should  the 
proceeds  of  any  such  sale  fail  to  fully  repay  any  deposit,  the  bal- 
ance remaining  unpaid  may  be  collected  in  an  action  at  law  in  the 
name  of  the  City  and  County. 

The  Treasurer  shall  not  be  responsible  for  any  loss  of  public 
moneys  resulting  from  the  deposit  thereof  when  made  in  accord- 
ance with  the  provisions  of  this  act.  It  shall  be  the  duty  of  the 
Treasurer  to  safely  keep  all  evidence  of  indebtedness  issued  by 
banks  for  deposits  made  therein  and  bonds  deposited  as  security 
and  the  Treasurer  shall  be  responsible  for  such  evidence  of  in- 


52  Charter  of  the  City  and  County  of  San  Francisco. 

debtedness  and  for  bonds  held  as  security  therefor,  together  with 
the  interest  thereon  and  the  proceeds  of  any  sale  of  such  bonds; 
and  the  Treasurer  shall  be  responsible  to  such  bank  for  the  safe 
return  of  the  securities  furnished  by  it  to  the  Treasurer. 

The  expense  of  transportation  of  moneys  to  or  from  the  treasury 
to  such  depositaries  shall  be  borne  by  such  depositaries. 

Nothing  in  this  section  contained  shall  prevent  the  City  and 
County  from  buying  bonds  or  otherwise  investing  its  money  in  any 
manner  now  provided  by  law  or  this  Charter  and  nothing  herein 
contained  as  to  the  disposition  of  interest  and  public  moneys  de- 
posited shall  apply  to  any  -money  received  or  held  by  the  City  and 
County  wherein  any  law  or  this  Charter  provides  for  the  payment 
of  interest  or  profit  thereon  into  any  particular  fund. — As  amended 
November  7,  1916;  approved  by  the  Legislature  January  18,  1917 
(Statutes,  1917,  page  1708). 
Joint  Custody  Safe.    Auditor  and  Treasurer  Joint  Custodians. 

Sec.  3.  For  the  better  security  of  the  moneys  in  the  treasury, 
there  shall  be  provided  a  joint  custody  safe  in  which  shall  be  kept 
the  moneys  of  the  City  and  County.  Said  safe  shall  have  two 
combination  locks,  neither  one  of  which  alone  will  open  the  safe. 
The  Treasurer  shall  have  the  knowledge  of  one  combination  and 
the  Auditor  of  the  other.  The-  Auditor  shall  be  joint  custodian 
with  the  Treasurer  of  all  funds  in  the  joint  custody  safe ;  but  shall 
have  no  control  over  them  except  to  open  and  close  the  safe  in 
conjunction  with  the  Treasurer,  when  requested  to  do  so  in  his 
official  capacity,  and  shall  not  be  held  responsible  on  his  official 
bond  for  any  shortage  which  may  occur  in  the  treasury. 

The  gold  shall  be  kept  in  bags  containing  twenty  thousand  dol- 
lars each,  and  the  silver  in  bags  containing  one  thousand  dollars 
each.  To  each  bag  shall  be  attached  a  tag  showing  the  nature  and 
amount  of  coin  contained  therein.  Each  bag  shall  be  sealed  with 
the  seal  of  each  custodian. 

There  shall  be  kept  in  the  safe  a  joint  custody  book,  showing 
the  amount  and  description  of  all  funds  in  the  safe,  and  when- 
ever any  amounts  are  withdrawn,  the  Auditor  and  Treasurer  shall 
make  the  proper  entry  in  the  joint  custody  book  and  initial  the 
same.  If  on  account  of  sickness  or  urgent  necessity  the  Auditor 
is  unavoidably  absent  the  Deputy  Auditor  shall  perform  his  duties. 
The  estimated  amount  of  money  required  daily  for  the  paj^ment 
of  demands  against  the  treasury  shall  be  taken  from  the  joint 
custody  safe  and  kept  in  another  safe ;  and  the  money  therein  shall 
be  balanced  daily  at  the  close  of  business  hours. 

Original  and  Duplicate  Receipts. 

Sec.  4.  The  Treasurer,  on  receiving  any  money  into  the  treas- 
ury, shall  make  out  and  sign  two  receipts  for  the  money.  Such 
receipts  shall  be  alike,  except  upon  the  face  of  one  of  them  shall 
appear  the  word  "Original,"  and  upon  the  face  of  the  other  shall 
appear  the  word  "Duplicate."  Such  receipts  shall  be  numbered 
and  dated,  and  shall  specify  the  amount,  on  what  account  and 


Article  IV,  Chapter  IV.    Executive  Department.  53 

from  what  person  or  officer  received,  and  into  what  fund  or  on 
what  account  paid.  The  Treasurer  shall  enter  upon  the  stubs  of 
such  receipts  a  memorandum  of  the  contents  thereof,  and  deliver 
the  receipt  marked  "Original'*  to  the  person  or  officer  paying 
such  money  into  the  treasury,  and  forthwith  deliver  the  receipt 
marked  ''Duplicate"  to  the  Auditor,  who  shall  write  upon  its  face 
the  date  of  its  delivery  to  him,  and  charge  the  Treasurer  with  the 
amount  specified  therein,  and  file  the  receipt  in  his  office. 

Demands  Must  Specify  Items.     Unauthorized  Demands. 

Sec.  5.  No  demand  shall  be  paid  by  the  Treasurer  unless  it 
specify  each  several  item,  date  and  amount  composing  it,  and  refer 
by  title,  date  and  section  to  the  law,  or  ordinance  or  provision  of 
this  Charter  authorizing  the  same ;  but  the  allowance  or  approval  of 
the  Auditor,  or  of  the  Supervisors,  or  of  any  department,  board  or 
officer,  of  any  demand  which  is  not  authorized  by  law  or  this  Char- 
ter, and  which  upon  its  face  appears  not  to  have  been  expressly 
made  payable  out  of  the  funds  to  be  charged  therewith,  shall  afford 
no  warrant  to  the  Treasurer  for  paying  the  same. 

Cancellation  of  Paid  Demands.    Register  of  Unpaid  Demands. 

Sec.  6.  Every  lawful  demand  upon  the  treasury,  audited  and 
allowed  as  in  this  Charter  required,  shall  in  all  cases  be  paid  upon 
presentation,  if  there  be  sufficient  money  in  the  treasury  applicable 
to  the  payment  of  such  demand,  and  on  payment  cancelled 
with  a  punch,  cutting  the  word  "Cancelled"  therein,  and  the 
proper  entry  thereof  made.  If,  however,  there  be  not  sufficient 
money  so  applicable,  then  it  shall  be  registered  in  a  book  kept  for 
that  purpose  by  the  Treasurer.  Such  register  shall  show  the 
special  number  given  by  the  Supervisors  or  other  authority  and 
also  by  the  Auditor  to  each  demand  presented,  also  when  pre- 
sented, the  date,  amount,  name  of  original  holder,  and  on  what 
account  allowed  and  against  what  appropriation  drawn  and  out  of 
what  specific  fund  payable.  All  demands  shall  be  paid  in  the 
order  of  their  registration.  Each  demand  upon  being  so  registered 
shall  be  returned  to  the  party  presenting  it,  with  the  endorsement 
of  the  word  * '  Registered, ' '  and  dated  and  signed  by  the  Treasurer ; 
but  the  registration  of  any  demand  shall  not  operate  to  recognize 
or  make  valid  such  demand  if  incurred  contrary  to  any  of  the 
provisions  of  this  Charter. 

CHAPTER  IV. 

THE   ASSESSOR. 

Term,  Salary,  Appointees  and  Salaries. 

Section  1.  There  shall  be  an  Assessor  of  the  City  and  County, 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of 
his  election,  and  who  must  have  been  such  for  at  least  five  years 
next  preceding  such  time.  He  shall  be  elected  by  the  people  and 
hold  office  for  four  years.  He  shall  receive  an  annual  salary  of 
eight  thousand  dollars,  which  shall  be  in  full  compensation  for 


54  Charter  of  the  City  and  County  of  San  Francisco. 

all  his  services.  He  may  appoint  a  chief  deputy,  who  shall  receive 
an  annual  salary  of  twenty-four  hundred  dollars ;  one  cashier,  who 
shall  receive  an  annual  salary  of  eighteen  hundred  dollars;  six 
assistant  deputies,  who  shall  receive  an  annual  salary  of  eighteen 
hundred  dollars  each;  twenty-one  clerks,  who  shall  each  receive 
an  annual  salary  of  twelve  hundred  dollars;  and  during  four 
months  of  the  year  not  more  than  one  hundred  clerks,  who  shall 
each  be  paid  at  the  rate  of  not  more  than  one  hundred  dollars  a 
month  during  the  time  of  their  employment. — As  amended  De- 
cember 4,  1902;  approved  hy  the  Legislature  February  5,  1903 
(Statutes,  1903,  page  586). 
Duties. 

Sec.  2.  The  Assessor  shall  assess  all  taxable  property  within 
the  City  and  County  at  the  time  and  in  the  manner  prescribed  by 
the  general  laws  of  the  State. 

CHAPTER  V. 

THE  TAX  COLLECTOR. 
Qualifications.      Term.      Salary.      Appointees.      Salaries.      Extra    Clerks. 
Compensation. 

Section  1.  There  shall  be  a  Tax  Collector  of  the  City  and 
County,  who  shall  be  an  elector  of  the  City  and  County  at  the 
time  of  his  election  and  who  must  have  been  such  for  at  least  five 
years  next  preceding  such  time.  He  shall  be  elected  by  the  people 
and  hold  office  for  two*  years.  He  shall  receive  an  annual  salary 
of  four  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  his  services.  He  may  appoint  one  chief  deputy,  who  shall 
receive  an  annual  salary  of  twenty-four  hundred  dollars;  one 
cashier,  who  shall  receive  an  annual  salary  of  twenty-four  hun- 
dred dollars;  fifteen  deputies,  who  shall  each  receive  an  annual 
salary  of  fifteen  hundred  dollars;  and  extra  clerks,  who  shall  each 
be  paid  at  the  rate  of  not  more  than  one  hundred  dollars  a  month 
during  the  time  of  their  employment,  but  the  total  amount  of 
payment  for  such  extra  clerks  shall  not  exceed  thirty-six  thousand 
dollars  a  year. 

Tax  Collector's  Powers  and  Duties. 

Sec.  2.  The  Tax  Collector  must  collect  all  licenses  which  may 
at  any  time  be  required  by  law  or  ordinance  to  be  collected  within 
the  City  and  County.  He  shall  be  charged  with  all  taxes  levied 
Upon  real  and  personal  property  within  the  City  and  County, 
upon  the  final  settlement  to  be  made  by  him  according  to  law  or 
this  Charter.  He  shall  pay  into  the  treasury,  without  any  deduc- 
tion for  commissions,  fees  or  charges  of  any  kind  or  on  any  ac- 
count, the  full  amount  of  all  taxes,  assessments  and  moneys  re- 
ceived by  him  and  not  previously  paid  over,  including  all  moneys 
paid  under  protest,  and  money  received  for  taxes  paid  more  than 
once,  and  for  street  assessments.  He  shall  also  be  charged  with, 
and  be  debtor  to  the  City  and  County  for  the  full  amount  of  all 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


Article  IV,  Chapter  V.    Executive  Department  55 

taxes  due  upon  the  delinquent  tax  list  delivered  to  him  for  collec- 
tion, unless  it  appear  to  the  satisfaction  of  the  Supervisors  ex- 
pressed by  resolution,  that  it  was  out  of  his  power  to  collect  the 
same  by  levy  and  sale  of  property  liable  to  be  seized  and  sold 
therefor. 

City  Attorney  to  Collect  Delinquent  Taxes. 

Sec.  3.  On  request  of  the  Assessor  or  the  Tax  Collector  the 
City  Attorney  shall  commence  and  prosecute  actions  for  the  col- 
lection of  taxes. — As  amended  December  10,  1912;  approved  by  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Licenses  in  Charge  of  Tax  Collector. 

Sec.  4.  He  shall  examine  all  persons  liable  to  pay  licenses,  and 
see  that  licenses  are  taken  out  and  paid  for.  In  the  performance 
of  their  official  duties,  he  and  his  deputies  shall  have  the  same 
powers  as  police  officers  in  serving  process  and  in  making  arrests. 
He  may  demand  the  exhibition  of  any  license  for  the  current  term 
from  any  person,  firm  or  corporation  engaged  or  employed  in  the 
transaction  of  any  business  for  which  a  license  is  required;  and 
if  such  person,  firm  or  corporation  shall  refuse  or  neglect  to  ex- 
hibit such  license,  the  same  may  be  revoked  forthwith  by  the  Tax 
Collector. 

Auditor  to  Sign  Licenses.     IVIontiily  Statement  of  Licenses. 

Sec.  5.  The  Auditor  shall  from  time  to  time  deliver  to  the  Tax 
Collector  such  City  and  County  licenses  as  may  be  required,  and 
sign  the  same  and  charge  them  to  the  Tax  Collector,  specifying 
in  the  charge  the  amounts  thereof  named  in  such  licenses  respect- 
ively and  the  class  of  licenses,  and  take  receipts  therefor,  and  the 
Tax  Collector  shall  sign  and  collect  the  same.  The  Tax  Collector 
shall  once  in  every  month,  and  oftener  when  required  by  the 
Auditor,  make  to  the  Auditor  a  report  under  oath  of  all  licenses 
sold  and  on  hand,  and  of  all  amounts  paid  to  the  Treasurer,  and 
shall  also  in  that  regard  comply  with  the  regulations  which  may 
be  prescribed  by  the  Supervisors.  At  the  time  of  making  such 
report,  the  Tax  Collector  shall  exhibit  to  the  Auditor  all  licenses 
on  hand  and  the  Treasurer's  receipts  for  all  moneys  paid  into  the 
treasury. 

CHAPTER  VI. 

THE  CORONER. 
Qualifications.     Term.     Salary.     Duties.     Morgue. 

Section  1.  There  shall  be  a  Coroner  of  the  City  and  County 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  election.  He  shall  be  elected  by  the  people  and 
hold  office  for  two*  years.  He  shall  receive  an  annual  salary  of 
four  thousand  dollars.  He.  shall  perform  such  duties  as  may  be 
prescribed  by  law  or  ordinance.     He  shall  have  the  control  and 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


56  Charter  of  the  City  and  County  of  San  Francisco. 

management  of  the  Morgue  of  the  City  and  County  under  such 
ordinances  as  the  Supervisors  may  adopt. 

Appointees.     Salaries. 

Sec.  2.  He  may  appoint  an  autopsy  physician  who  shall  receive 
an  annual  salary  of  twenty-four  hundred  dollars;  a  chief  deputy, 
who  shall  receive  an  annual  salary  of  twenty-four  hundred  dollars ; 
three  assistant  deputies,  who  shall  each  receive  an  annual  salary 
of  fifteen  hundred  dollars;  a  stenographer  and  typewriter,  who 
shall  receive  an  annual  salary  of  eighteen  hundred  dollars;  and  a 
messenger,  who  shall  receive  an  annual  salary  of  nine  hundred 
dollars. 

CHAPTER  VII. 

THE    RECORDER. 

Qualifications.     Term.     Salary.     Appointees.     Copyists.     Compensation. 

Section  1.  There  shall  be  a  Recorder  of  the  City  and  County 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  election.  He  shall  be  elected  by  the  people  and  shall 
hold  office  for  two*  years.  He  shall  receive  an  annual  salary  of  four 
thousand  dollars.  He  may  appoint  a  chief  deputy,  who  shall  re- 
ceive an  annual  salary  of  twenty- four  hundred  dollars;  five  as- 
sistant deputies,  who  shall  each  receive  an  annual  salary  of  eighteen 
hundred  dollars;  nine  clerks,  who  shall  each  receive  an  annual 
salary  of  fifteen  hundred  dollars;  one  machinist,  who  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars;  one  messenger,  who 
shall  receive  an  annual  salary  of  twelve  hundred  dollars.  He  may 
also  appoint  as  many  copyists  as  he  may  deem  necessary,  who  shall 
receive  not  more  than  six  cents  for  each  one  hundred  words  actually 
written ;  but  no  copyist  shall  be  paid  a  greater  compensation  at  this 
rate  than  amounts  in  the  aggregate  to  one  hundred  and  twenty-five 
dollars  a  month. — As  amended  November  15,  1910;  approved  by 
the  Legislature  February  17,  1911  (Statutes,  1911,  page  1661). 

Custodian  of  Public  Records.     Duties. 

Sec.  2.  The  Recorder  shall  take  into  his  custody  and  safely  keep 
all  books,  records,  maps  and  papers  deposited  in  his  office.  Upon 
demand  and  payment  of  the  fees  prescribed  therefor  by  law  or  by 
ordinance,  he  must  furnish  to  any  one  applying  therefor  a  copy  of 
any  such  book,  record,  map  or  paper,  certified  under  the  hand  and 
seal  of  his  office.  When  any  papers  are  presented  for  filing  or  re- 
cording, he  or  his  deputies  shall  write  on  the  margin  of  each  paper 
so  presented  the  number  of  folios,  the  amount  paid  for  recording 
the  same,  and  shall  number  consecutively  all  instruments  and  docu- 
ments filed  in  his  office.  He  shall  also  perform  all  other  duties  at 
the  time  and  in  the  manner  prescribed  by  the  general  laws  of  the 
State. 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


Article  IV-A.    Weights  and  Measures.  57 

ARTICLE  IV-A. 
DEPARTMENT  OF  WEIGHTS  AND  MEASURES. 

SEALER  OF  WEIGHTS  AND  MEASURES  AND  DEPUTIES. 

Section  1.  The  Sealer  of  Weights  and  Measures  shall  be  ap- 
pointed by  the  Board  of  Supervisors.  The  Sealer  may  appoint 
such  deputies  and  employees  as  may  be  allowed  him  by  Ordinance 
of  the  Board  of  Supervisors.  The  salaries  of  the  Sealer,  his  depu- 
ties and  employees  shall  be  that  as  fixed  by  law.  The  Sealer  and 
his  deputies  shall  have  all  the  powers  conferred  upon  Sealers  of 
Weights  and  Measures  and  their  deputies  by  the  general  laws  of 
the  State  and  they  shall  perform  all  of  the  duties  prescribed  by 
such  laws  and  such  additional  duties  as  may  be  prescribed  by 
Ordinances  of  the  Board  of  Supervisors. 

Civil  Service  Provisions.  ' 

Sec.  2.  The  provisions  of  Article  XlII  of  the  Charter  shall 
apply  to  the  Sealer,  his  deputies  and  employees,  and,  for  the  pur- 
poses of  said  Article,  the  Board  of  Supervisors  shall  be  deemed  the 
appointing  department  as  to  the  Sealer,  and  the  Sealer  the  appoint- 
ing officer  as  to  his  deputies  and  employees.  Any  person  who  has 
served  as  Sealer  of  Weights  and  Measures  of  the  City  and  County 
of  San  Francisco  for  a  continuous  period  of  six  months  imme- 
diately prior  to  the  approval  of  this  amendment  by  the  Legisla- 
ture and  who  shall  be  actually  serving  as  Sealer  at  the  time  of  the 
approval  of  this  amendment  by  the  Legislature,  and  any  person 
who  has  served  as  a  deputy  or  employee  of  such  Sealer  for  a  like 
period  and  who  shall  be  actually  serving  as  such  deputy  or  em- 
ployee at  the  time  of  the  approval  of  this  amendment  by  the  Legis- 
lature, are  hereby  declared  to  be  appointed  within  the  provisions 
of  said  Article  XIII  to  the  office  or  position  in  which  he  may  be 
then  serving  and  shall  be  entitled  to  all  the  benefits  of  said  Article 
thereafter. 

Subject  to  State  Laws. 

Sec.  3.  Nothing  in  this  Article  contained  shall  be  in  anywise 
construed  as  curtailing  or  affecting  the  powers  and  jurisdiction  of 
the  State  Superintendent  of  Weights  and  Measures  over  the  Sealer 
of  Weights  and  Measures  of  the  City  and  County  and  his  deputies 
as  the  same  are  now  or  may  hereafter  be  conferred  upon  the  State 
Superintendent  of  Weights  and  Measures  by  the  general  laws  of 
the  State. — Article  IV-A  added  hy  amendment  November  7,  1916; 
approved  by  the  Legislature  January  18, 1917  (Statutes,  1917,  page 
1708). 


58  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  V. 

LEGAL  DEPARTMENT. 
CHAPTER  I. 

THE    SUPERIOR    COURT    JUDGES. 
Court  Interpreters. 

Section  1.  The  Judges  of  the  Superior  Court  of  the  City  and 
County  may  appoint  not  to  exceed  five  interpreters  of  foreign 
languages,  who  shall  act  as  such  interpreters  in  criminal  actions 
and  proceedings  in  all  the  courts  in  the  City  and  County,  and  in 
examinations  before  Coroner's  juries. 

Court  Stenographers,     Compensation. 

Sec.  2.  The  stenographers  in  the  Criminal  Departments  of  the 
Superior  Court  shall  each  receive  an  annual  salary  not  exceeding 
twenty-four  hundred  dollars,  which  shall  be  in  full  compensation 
for  all  services,  including  >  transcription  and  all  stationery  used 
by  them. 

CHAPTER  II. 

THE   CITY  ATTORNEY. 
Salary.     Term.     Qualifications. 

Section  1.  There  shall  be  an  Attorney  and  Counselor  of  the 
City  and  County,  who  shall  be  styled  City  Attorney,  and  Avho 
shall  receive  an  annual  salary  of  five  thousand  dollars.  He  shall 
be  elected  by  the  people  and  shall  hold  office  for  the  period  of 
two*  years.  He  must  be  at  the  time  of  his  election  an  elector  of 
the  City  and  County  and  qualified  to  practice  in  all  the  courts  of 
this  State,  and  he  must  have  been  so  qualified  for  at  least  ten 
years  next  preceding  his  election,  during  five  years  of  which  he 
must  have  been  an  actual  resident  of  the  City  and  County.  He 
shall  devote  his  entire  time  and  attention  to  the  duties  of  his 
office. 

Duties. 

Sec.  2.  He  must  prosecute  and  defend  for  the  City  and  County 
all  actions  at  law  or  in  equity,  and  all  special  proceedings  for  or 
against  the  City  and  County;  and  whenever  any  cause  of  action 
at  law  or  in  equity  or  by  special  proceedings  exists  in  favor  of 
the  City  and  County  he  shall  commence  the  same  when  within 
his  knowledge,  and,  if  not  within  his  knowledge,  when  directed 
to  do  so  by  resolution  of  the  Supervisors.  He  shall  give  legal 
advice,  in  writing,  to  all  officers,  boards  and  commissions  named 
in  this  Charter,  when  requested  so  to  do  by  them,  or  either  of 
them,  in  writing,  upon  questions  arising  in  their  separate  depart- 
ments involving  the  rights  or  liabilities  of  the  City  and  County. 
He  shall  not  settle  or  dismiss  any  litigation  for  or  against  the 
City  and  County  under  his  control  unless  upon  his  written  recom- 
mendation he  is  ordered  to  do  so  by  the  Mayor  and  Supervisors. 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


Article  V,  Chapter  II.    Legal  Department.  59 

Records  of  City's  Legal  Proceedings. 

Sec.  3.  He  sliall  keep  on  file  in  his  office  all  written  communi- 
cations and  opinions  given  by  him  to  any  officer,  board  or  depart- 
ment; the  briefs  and  transcripts  used  in  causes  wherein  he  ap- 
pears; and  bound  books  of  record  and  registry  of  all  actions  or 
proceedings  in  his  charge  in  which  the  City  and  County  is  inter- 
ested. 

Delivery  of  Records  to  Successor. 

Sec.  4.  He  shall  deliver  all  books  and  records,  reports,  docu- 
ments, papers,  statutes,  law  books  and  property  of  every  descrip- 
tion in  his  possession,  belonging  to  his  office,  or  to  the  City  and 
County,  to  his  successor  in  office,  who  shall  give  him  duplicate 
receipts  therefor,  one  of  which  he  shall  file  with  the  Auditor. 

Appointees.     Assistants.     Clerks.     Salaries. 

Sec.  5.  The  City  Attorney  may  appoint  four  assistants,  the 
first  of  whom  shall  receive  an  annual  salary  of  thirty-six  hundred 
dollars;  the  second  an  annual  salary  of  three  thousand  dollars; 
the  third  an  annual  salary  of  twenty-four  hundred  dollars,  and  the 
fourth  an  annual  salary  of  eighteen  hundred  dollars.  He  may  also 
appoint  a  chief  clerk,  who  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars;  an  assistant  clerk,  who  shall  receive  an 
annual  salary  of  nine  hundred  dollars;  a  stenographer  and  type- 
writer, who  shall  receive  an  annual  salary  of  nine  hundred  dol- 
lars; and  a  messenger,  who  shall  receive  an  annual  salary  of 
nine  hundred  dollars.  An  officer  of  the  Police  Department  shall 
be  permanently  detailed  by  the  Chief  of  Police  for  the  purpose 
of  doing  the  detective  work  necessary  in  preparing  and  prosecut- 
ing the  litigation  of  the  office,  who  shall  continue  to  serve  on 
such  detail  during  the  pleasure  of  the  City  Attorney.  The  assist- 
ants and  the  chief  clerk  must  each,  at  the  time  of  his  appoint- 
ment, be  qualified  to  practice  in  all  the  courts  of  this  State,  and 
must  have  been  so  qualified  at  least  two  years  next  preceding  his 
appointment.  The  assistants,  clerks,  typewriter  and  messenger 
shall  be  appointed  by  the  City  Attorney,  and  shall  hold  their 
offices  at  his  pleasure,  and  the  specific  duties  of  each  shall  be 
prescribed  by  him. 

CHAPTER     III. 

THE   DISTRICT  ATTORNEY. 

Term,  Qualifications  and  Salary. 

Section  1.  The  District  Attorney  shall  be  elected  by  the  peo- 
ple and  shall  hold  office  for  two*  years.  He  shall  be  an  elector  of 
the  City  and  County  and  must  at  the  time  of  his  election  be  quali- 
fied to  practice  in  all  the  courts  of  this  State,  and  must  have  been 
so  qualified  for  at  least  five  years  next  preceding  his  election.  He 
shall  receive  an  annual  salary  of  five  thousand  dollars. 


•Term  made  four  years:    Section  38a,  Article  XVI. 


60  Charter  of  the  City  and  County  of  San  Francisco. 

Powers  and  Duties. 

Sec.  2.  The  District  Attorney  shall  have  all  the  powers  con- 
ferred, and  shall  discharge  all  the  duties  imposed  upon,  the  Dis- 
trict Attorneys  of  counties  by  the  general  laws  of  this  State,  and 
in  addition  thereto  shall  attend,  institute  and  conduct,  on  behalf 
of  the  people,  all  prosecutions  cognizable  in  the  Police  Court  of 
the  City  and  County.  He  shall  draw  all  complaints  and  warrants 
in  said  Police  Court,  prosecute  all  forfeited  recognizances  therein, 
and  all  actions  for  the  recovery  of  fines,  penalties,  and  forfeitures 
accruing  to  the  City  and  County;  deliver  receipts  for  money  or 
property  received  in  his  official  capacity,  and  file  duplicates  there- 
for with  the  County  Treasurer;  file  with  the  Auditor  on  the 
first  Mondays  of  January,  April,  July  and  October  in  each  year, 
an  itemized  statement  under  oath  showing  all  moneys  received 
by  him  in  his  official  capacity  during  the  preceding  three  months ; 
keep  a  register  of  his  official  business  in  which  must  be  entered 
a  note  of  every  action,  whether  criminal  or  civil,  prosecuted 
officially  by  him,  and  of  the  proceedings  therein;  and  give,  when 
required,  without  fee,  advice  to  the  Board  of  Police  Commission- 
ers, the  Chief  of  Police,  the  Board  of  Health  and  the  Coroner, 
upon  matters  relating  to  the  duties  of  their  respective  offices. 

Appointees.     Assistants.     Salaries.  .  Duties. 

Sec.  3.  He  may  appoint  seven  Assistant  District  Attorneys  to 
aid  him  in  the  discharge  of  his  official  duties,  three  of  whom  shall 
act  as  prosecutors  in  the  Superior  Court,  and  shall  each  receive 
an  annual  salary  of  thirty-six  hundred  dollars,  and  four  of  whom 
shall  act  as  the  prosecuting  attorneys  of  the  Police  Court,  and 
shall  each  receive  an  annual  salary  of  twenty-four  hundred  dollars. 
When  any  of  the  assistants  of  the  District  Attorney  acting  as 
such  prosecuting  attorneys  in  the  Police  Court  are  not  actually 
engaged  in  work  connected  with  prosecutions  therein,  they  shall 
be  at  the  call  of  the  District  Attorney  for  any  service  connected 
with  his  department.  The  assistants  must  each,  at  the  time  of 
his  appointment,  be  qualified  to  practice  in  all  the  courts  of  this 
State,  and  must  have  been  so  qualified  for  at  least  two  years  next 
preceding  his  appointment.  The  District  Attorney  may  also 
appoint  one  chief  clerk,  who  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars;  one  assistant  clerk,  who  shall  receive  an 
annual  salary  of  twelve  hundred  dollars;  and  one  stenographer 
and  typewriter,  who  shall  receive  an  annual  salary  of  nine  hun- 
dred dollars. 

To    Purchase    Property   on    Execution    Sales. 

Sec.  4.  The  District  Attorney  may,  in  the  name  of  the  City 
and  County,  bid  for  and  purchase  property  at  execution  sales 
under  judgments  for  the  recovery  of  fines,  penalties  or  forfeitures 
accruing  to  the  City  and  County. 


Article  V,  Chapter  IV.    Legal  Department.  61 

CHAPTER     IV. 

THE    PUBLIC    ADMINISTRATOR. 
Powers  and  Duties.     Allowed  Fees  for  Compensation. 

Section  1.  The  Public  Administrator  shall  be  elected  by  the 
people,  and  he  shall  hold  office  for  two*  years.  He  shall  have  all 
the  powers  conferred,  and  shall  discharge  all  the  duties  imposed 
upon,  the  Public  Administrators  of  counties  by  the  general  laws 
of  this  State,  except  as  in  this  Charter  otherwise  specifically  pro- 
vided. He  shall  be  entitled  to  all  such  fees  as  may  be  allowed  by 
law  to  the  Public  Administrators  of  the  counties  of  the  State  in 
full  compensation  for  all  his  services. 

CHAPTER     V. 
THE  COUNTY  CLERK. 
Term.     Powers  and  Duties.     Clerk  of  Police  Court.     Salary. 

Section  1.  The  County  Clerk  shall  be  elected  by  the  people 
and  shall  hold  office  for  two*  years.  He  shall  have  all  the  powers 
conferred,  and  shall  discharge  all  the  duties  imposed  upon,  the 
County  Clerks  of  counties  by  the  general  laws  of  this  State,  and 
in  addition  thereto  shall  attend  and  act  as  Clerk  of  the  Police 
Court,  keep  the  dockets  and  registers  thereof,  and  take  charge  of 
and  safely  keep  all  books,  papers  and  records  which  may  be  filed 
or  deposited  in  his  office  pertaining  to  the  Police  Court.  He  shall 
receive  an  annual  salary  of  four  thousand  dollars. 

Appointees.  Salaries.  Cashier.  Courtroom  Clerks.  Register  Clerks. 
Copyists.  Police  Court  Clerks. 
Sec.  2.  To  aid  him  in  the  discharge  of  his  official  duties,  the 
County  Clerk  may  appoint  a  Chief  Register  Clerk,  who  shall 
receive  an  annual  salary  of  twenty-four  hundred  dollars ;  a  Cashier, 
who  shall  receive  an  annual  salary  of  eighteen  hundred  dollars; 
twelve  Court  Room  Clerks  for  the  Superior  Court,  who  shall  each 
receive  an  annual  salary  of  fifteen  hundred  dollars;  five  Register 
Clerks,  who  shall  each  receive  an  annual  salary  of  eighteen  hun- 
dred dollars;  ten  Assistant  Register  Clerks,  who  shall  each  receive 
an  annual  salary  of  fifteen  hundred  dollars;  sixteen  copyists, 
who  shall  each  receive  an  annual  salary  of  twelve  hundred  dollars; 
and  four  Clerks  for  the  Police  Court,  who  shall  each  receive 
an  annual  salary  of  fifteen  hundred  dollars. 

Copies  of  Papers.    Charges. 

Sec.  3.  For  copies  of  papers  furnished  and  certified  by  him,  he 
shall  charge  not  more  than  eight  cents  for  each  one  hundred 
words.  For  certifying  copies,  which  are  not  prepared  by  him,  he 
shall  be  entitled  to  charge  twenty-five  cents  and  also  forty  cents 
an  hour  for  the  time  exceeding  one  hour  necessarily  occupied  in 
comparing  such  copies.  He  must  certify  all  papers  presented  to 
him  which  are  copies  of  any  document,  paper  or  record,  or  por- 
tions thereof,  in  his  custody. 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


62  Charter  of  the  City  and  County  of  San  Francisco. 

CHAPTER     VI. 

THE    SHERIFF. 

Term.    Salary.     Powers  and  Duties. 

Section  1.  The  Sheriff  shall  be  elected  by  the  people,  and  he 
shall  hold  office  for  two*  years.  He  shall  receive  an  annual  salary 
of  eight  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  official  services  required  of  him  by  law;  but  said  salary  shall 
be  exclusive  of  the  compensation  received  by  him  from  the  State 
for  the  delivery  of  prisoners  to  the  State  prisons,  and  insane  per- 
sons to  the  State  asylums  for  the  insane.  He  shall  have  all  the 
powers  conferred,  and  shall  discharge  all  the  duties  imposed  upon 
the   Sheriffs  of  counties  by  the  general  laws  of  this  State. 

Appointees.       Salaries. 

Sec.  2.  He  may  appoint  the  following  deputies  and  employees, 
who  shall  each  respectively  receive  the  following  annual  salaries: 

One  Under  Sheriff,  twenty-four  hundred  dollars;  one  Attorney, 
eighteen  hundred  dollars;  one  Chief  Bookkeeper,  eighteen  hun- 
dred dollars;  two  Assistant  Bookkeepers,  fifteen  hundred  dollars; 
ten  Office  Deputies,  fifteen  hundred  dollars;  fourteen  Bailiffs, 
twelve  hundred  dollars;  one  Chief  Jailer  at  Branch  Jail  Number 
One,  eighteen  hundred  dollars';  ten  Jailers  at  Branch  Jail  Num- 
ber One,  twelve  hundred  dollars;  one  Superintendent  of  Branch 
Jails  Numbers  Two  and  Three,  eighteen  hundred  dollars;  sixteen 
Guards  at  Branch  Jail  Number  Two,  six  hundred  dollars;  one 
Matron  at  Branch  Jail  Number  Three,  nine  hundred  dollars;  six 
Guards  at  Branch  Jail  Number  Three,  six  hundred  dollars;  one 
Commissary  to  act  for  all  jails,  fifteen  hundred  dollars;  one  Driver 
of  Van,  nine  hundred  dollars;  and  one  Bookkeeper  for  all  said 
Branch   Jails,   fifteen   hundred   dollars. 

Duties  of  Deputies. 

Sec.  3.  The  Sheriff  may  designate  the  services  to  be  performed 
by   his   deputies. 

CHAPTER     VII. 

THE   JUSTICES'   COURT. 

Justices  of  the  Peace.     Salaries.     Chief  Clerk,     Deputies. 

Section  1.  The  Justices  of  the  Peace  shall  each  receive  an 
annual  salary  of  twenty-four  hundred  dollars,  except  the  Presiding 
Justice,  who  shall  receive  an  annual  salary  of  twenty-seven  hun- 
dred dollars.  They  shall  appoint  a  Chief  Clerk  who  shall  hold 
office  for  two  years,  and  receive  an  annual  salary  of  twenty-four 
hundred  dollars.  The  Chief  Clerk  may  appoint  five  deputies,  each 
of  whom  shall  receive  an  annual  salary  of  twelve  hundred  dollars. 


♦Term  made  four  years:    Section  38a,  Article  XVI. 


Article  V,  Chapter  VIII.    Legal  Department.  63 

CHAPTER     VIII. 
THE   POLICE  COURT. 

Four  Judges.     Term.     Salary.     Qualifications.      Departments.      Presiding 
Judge.     Sessions  of  Court. 

Section  1.  There  is  hereby  created  and  established  in  and  for 
the  City  and  County  of  San  Francisco  a  Court  to  be  known  as 
the  Police  Court  of  the  City  and  County  of  San  Francisco.  Said 
Court  shall  consist  of  four  Judges,  who  shall  be  elected  by  the 
people  and  hold  office  for  four  years.  They  shall  each  receive  an 
annual  salary  of  thirty-six  hundred  dollars.  They  shall  be  electors 
of  the  City  and  County  at  the  time  of  their  election,  and  must 
have  been  such  for  at  least  five  years  next  preceding  such  time. 
Xo  person  shall  be  eligible  to  the  office  of  Judge  of  the  Police 
Court  who  is  not  at  the  time  of  his  election  qualified  to  practice 
in  all  the  Courts  of  this  State,  and  who  has  not  been  so  qualified 
for  at  least  five  years  next  preceding  his  election.  The  Court 
shall  be  divided  into  departments  known  at  Department  Number 
One,.  Department  Number  Two.  Department  Number  Three,  and 
Department  Number  Four.  The  Judges  of  such  Court  may  hold 
as  many  sessions  of  the  Court  at  the  same  time  as  there  are  Judges 
thereof.  The  Judges  who  shall  be  elected  at  the  first  election 
under  this  Charter  shall  so  classify  themselves  by  lot  that  two  of 
them  shall  go  out  of  office  in  two  years  and  two  of  them  in  four 
years. 

They  shall  choose  from  their  number  a  Presiding  Judge,  who 
shall  serve  for  one  year.  The  Presiding  Judge  shall  assign  the 
Judges  to  their  respective  departments;  but  any  of  the  Judges 
may  preside  in  any  of  the  departments  in  the  absence  or  inability 
of  the  Judge  regularly  assigned  thereto. 

The  judgments,  orders  and  proceedings  of  any  session  of  the 
Court  held  by  any  one  or  more  of  the  Judges  shall  be  equally 
effectual  as  if  all  the  Judges  had  presided  at  such  session. 

Jurisdiction.    Violation  of  Ordinances,    Other  Misdemeanors  and  Felonies. 
Powers  In  Criminal  Actions. 

Sec.  2.  The  Police  Court  of  the  City  and  County  of  San  Fran- 
cisco  shall   have: 

First — Exclusive  jurisdiction  of  all  prosecutions  for  the  viola- 
tion of  ordinances  of  the  Board  of  Supervisors. 

Second — Concurrent  jurisdiction  with  the  Superior  Court  of  all 
other  misdemeanors  and  of  the  examination  of  all  felonies  com- 
mitted in  the  City  and  County. 

Third — Said  Court,  or  any  Judge  thereof,  shall  have  the  same 
powers  in  all  criminal  actions,  cases,  examinations  and  proceed- 
ings as  are  now  or  may  hereafter  be  conferred  by  law  upon  Jus- 
tices of  the  Peace. 


64  Charter  of  the  City  and  County  of  San  Francisco. 

Proceedings,  How  Conducted. 

Sec.  3.  Proceedings  in  said  Court  shall  be  conducted  in  accord- 
ance with  the  laws  of  this  State  regulating  proceedings  in  Jus- 
tices' and  Police  Courts  and  appeals  to  the  Superior  Court; 
and  said  Court  or  any  Judge  thereof  shall  have  the  same  power 
in  all  criminal  actions,  cases  and  proceedings  as  are  now  or  may 
be  hereafter  conferred  by  the  general  laws  of  this  State  upon 
Justices  of  the  Peace;  provided,  that: 

First — No  case  shall  be  dismissed  or  fine  imposed  until  the  tes- 
timony for  the  prosecution  shall  be  taken. 

Second — Any  defendant  who  neglects  to  file  his  statement  on 
appeal  within  ten  days  after  sentence  shall  lose  his  right  to  appeal, 
unless  good  cause  for  the  delay  be  shown  by  affidavit.  Press 
of  business  on  the  part  of  defendant's  attorney  shall  not  be 
deemed  good  cause  for  delay.  Unless  the  District  Attorney  shall 
file  amendments  to  the  proposed  statement  on  appeal  within  five 
days  after  the  same  shall  have  been  filed  and  served,  the  proposed 
statement  on  appeal  shall  be  the  statement  on  appeal.  The  Judge 
before  whom  the  case  was  tried  shall  settle  the  statement  on  appeal 
within  five  days  after  the  District  Attorney  shall  have  filed  his 
amendments  to  the  proposed  statement. 

Third — Any  person  who  shall  solicit  or  importune  any  of  said 
Judges,  either  before  or  after  judgment,  to  dismiss  a  case,  or 
mitigate  a  sentence,  unless  the  same  be  done  in  open  court,  shall 
be  guilty  of  a  contempt  of  court. 

Fourth — A  complaint  may  be  demurred  to  on  the  ground  that 
it  does  not  set  forth  the  offense  charged  with  suoh  particularities 
of  time,  place,  person  and  property  as  to  enable  the  defendant  to 
understand  distinctly  the  character  of  the  offense  complained  of, 
and  the  complaint  may  be  amended  by  permission  of  the  Court 
after  a  demurrer  is  sustained. 

Fifth — A  defendant  in  custody  shall  have  the  right  to  be  tried 
before  a  defendant  on  bail,  and  felonies  shall  be  heard  before  mis- 
demeanors. 

Sixth — The  Judges  of  said  Court  shall  try  all  cases  as  speedily 
as  possible,  and  must  refuse  continuances  after  the  first  calling  of 
a  case  for  trial  except  upon  affidavit  showing  good  cause  therefor. 

Seventh — Other  than  lawfully  authorized  surety  companies,  no 
person  shall  be  eligible  to  be  a  bondsman  for  any  defendant  on 
trial  in  the  Police  Court,  or  on  appeal  from  a  judgment  therein, 
except  he  take  an  oath  that  the  property  specified  in  the  under- 
taking is  in  the  City  and  County  of  San  Francisco,  and  that  he  is 
worth  the  amount  specified,  exclusive  of  property  exempt  from 
execution,  and  exclusive  of  all  demands  for  which  he  may  become 
liable  by  reason  of  the  forfeiture  of  any  appeal  or  bail  bonds  for 
which  he  is  surety. 


Article  V,  Chapter  VIII.    Legal  Department.  65 

District  Attorney  Must  Attend. 

Sec.  4.  The  District  Attorney,  either  in  person  or  by  his 
Assistants,  must  be  present  at  the  session  of  the  Court  and  attend 
to  the  prosecution  of  all  cases  coming  before  it,  and  make  out  all 
complaints  and  warrants  for  the  arrest  of  persons  charged  with 
crime  to  be  prosecuted  in  said  Court. 

Warrant  and    Bond   Clerks.     Salaries.     Qualifications.     Duties.     Form   of 
Bonds,  Bail. 

Sec.  5.  The  District  Attorney  shall  appoint  a  Warrant  and 
Bond  Clerk  who  shall  receive  a  salary  of  twenty-four  hundred 
dollars  a  year,  and  three  Assistant  Warrant  and  Bond  Clerks, 
each  of  whom  shall  receive  a  salary  of  fifteen  hundred  dollars  a 
year.  No  person  shall  be  appointed  a  Warrant  and  Bond  Clerk 
who  is  not  at  the  time  of  his  appointment  qualified  to  practice  in 
all  the  Courts  of  this  State.  The  Warrant  and  Bond  Clerk  shall 
keep  his  office  open  continuously  night  and  day  for  the  transac- 
tion of  business;  shall  draw  complaints  in  actions  in  the  Police 
Court,  and  approve  the  same  with  his  written  signature;  shall 
have  the  custody  of  all  bail  bonds  and  appeal  bonds  taken  in  the 
Police  Court ;  shall  examine  the  sufficiency  of  every  bail  bond  and 
appeal  bond  taken  in  the  Police  Court  and  make  a  return  thereon, 
within  forty-eight  hours  after  such  bond  shall  have  come  into  his 
possession,  in  the  following  form: 

**I, ,  Warrant  and  Bond  Clerk  of  the 

City  and  County  of  San  Francisco,  have  examined  the  within 
bond  and  find  it  good  in  law.  I  have  examined  the  record  of  the 
City  and  County  of  San  Francisco,  and  find  the  property,  its  own- 
ers and  incumbrances  herein  described,  to  be  correct  according 

to  said  records.      (Signed  ,  Warrant  and 

Bond  Clerk)." 

The  Warrant  and  Bond  Clerk  shall  endorse  upon  the  bond  the 
time  when  it  was  issued  by  him,  or  when  it  came  into  his  posses- 
sion. He  may  issue  bail  bonds  and  appeal  bonds  when  the  liability 
thereof  does  not  exceed  two  thousand  dollars,,  and  order  the  dis- 
charge from  custody  of  the  persons  for  whom  the  bonds  are 
issued;  and  he  may  take  cash  bail  to  the  extent  in  any  one  case 
of  one  thousand  dollars.  He  must  account  for  and  pay  to  the 
Treasurer  all  moneys  received  as  bail  in  the  manner  that  the 
County  Clerk  is  required  by  law  to  account  for  and  pay  moneys 
received  as  fees.  No  Clerk  of  the  Police  Court  shall  ever  take  bail 
or  order  the   release  of  any   one   charged  with   an  offense. 

Fixing  Bail. 

Sec.  6.  In  the  matter  of  fixing  bail  and  ordering  the  release 
of  prisoners  the  Warrant  and  Bond  Clerk  shall  be  subject  to  the 
Judges  of  the  Police  Court,  and  any  violation  of  a  valid  order  of 
any  of  said  Judges  shall  be  a  contempt  of  Court. 


66  Charter  of  the  City  and  County  of  San  Francisco. 

Office  Always  Open. 

Sec.  7.  For  any  failure  to  keep  the  office  of  the  Warrant  and 
Bond  Clerk  open  continuously  he  shall  be  immediately  removed 
from  office  by  the  District  Attorney  or  by  the  Mayor. 

Who  May  Accept  Ball. 

Sec.  8.  It  shall  be  a  misdemeanor  for  any  person  other  than 
a  Judge  of  some  Court  in  the  City  and  County,  or  other  than  said 
Warrant  and  Bond  Clerk,  to  receive  bail  money  for  defendants  or 
to   order   their   discharge. 

Service  of  Papers, 

Sec.  9.  All  demurrers  to  complaints,  notices  of  motion,  state- 
ments and  bills  of  exception  on  appeal  to  the  Superior  Court, 
must  be  served  upon  the  Assistant  District  Attorney  acting  in  the 
Department  of  the  Court  in  which  the  case  is  set  for  hearing,  or 
heard  or  tried. 

Clerk  of  Police  Court.     Duties. 

See.  10.  The  County  Clerk  shall  be  the  Clerk  of  the  Police 
Court,  and  he  must  be  present  either  in  person  or  by  deputy  at 
all  sessions  of  the  Court  in  the  departments  thereof ;  call  the  daily 
calendar  of  the  departments,  and  keep  full  and  complete  records 
of  all  cases  in  the  Court  and  the  disposition  made  thereof  by  the 
Court. 

Stenographers.     Duties. 

Sec.  11.  The  Police  Judges  may  appoint  not  more  than  two 
competent  stenographers  who  shall  attend  the  sessions  of  the 
<IIourt  and  take  notes  of  all  preliminary  examinations  made  at  the 
sessions,  and  transcribe  into  type-written  long  hand  all  evidence 
taken  by  either  of  them  where  the  parties  charged  have  been  held 
for  trial,  and  deliver  one  copy  of  the  same  to  the  Clerk  and  one 
copy  to  the  District  Attorney.  Each  of  such  stenographers  shall 
be  paid  for  all  his  services,  including  transcription  and  all  sta- 
tionery used  by  him,  an  annual  salary  of  twenty-four  hundred 
dollars. 

Justices  May  Act. 

Sec.  12.     The  I\Iayor  may  in  writing  appoint  any  Justice  of  the 
Peace  to  act  as  Judge  of  the  Police  Court,  or  any  department 
thereof,  during  the  temporary  absence  or  inability  of  the  Judge 
to  act. 
Chief  of   Police  to    Furnish    Daily   Calendar  of   Arrests, 

Sec.  13.  The  Chief  of  Police  shall  cause  to  be  made  out  and 
delivered  to  each  of  the  Clerks  of  the  Court  at  or  before  nine 
o'clock  in  the  forenoon  of  each  day  a  calendar  of  arrests  in  which 
the  cases  shall  have  been  assigned  to  the  departments  of  the 
Court  in  accordance  with  the  rules  and  regulations  established  by 
the  Police  Judges.  The  calendar  shall  state  "the  offense  charged"; 
whether  the  defendant  is  ' '  in  custody  "  or  ' '  on  bail " ;  "  the  amount 
of  bail";  "whether  cash  or  bond,"  and  "the  name  of  the  arrest- 
ing  officer." 


Article  V,  Chapter  IX.    San  Francisco  Law  Library.          67 

Bailiffs  in  Court. 

Sec.  14.  The  Chief  of  Police  shall  appoint  one  or  more  Police 
Oflficers  to  attend  the  sessions  of  the  Police  Court  in  each  depart 
ment  thereof  to  preserve  order  and  execute  the  orders  of  the 
Court. 

Rules. 

Sec.  15.  The  Police  Judges  shall  adopt  all  necessary  rules  and 
regulations  for  conducting  the  business  of  the  Court. 

Attorneys'  Qualifications. 

Sec.  16.  Xo  attorney  shall  appear  in  said  Court  to  prosecute 
or  defend  persons  charged  with  offenses  unless  at  the  time  of  his 
appearance  he  be  qualified  to  practice  law  in  all  the  courts  of  this 
State. 

Police  Judges.    Term  of  Those  Elected  in  1898. 

Sec.  17.  The  term  of  office  of  the  Police  Judges  elected  at  the 
general  election  held  in  the  year  eighteen  hundred  and  ninety- 
eight  shall  terminate  at  the  hour  of  noon  on  the  first  Monday 
after  the  first  day  of  January  in  the  year  nineteen  hundred,  and 
they  shall  at  said  time  be  succeeded  by  the  Police  Judges  provided 
for  in  this  Chapter;  and  all  proceedings  pending  in  said  Court 
shall  be  transferred  to  the  Police  Court  created  under  this  Char- 
ter, and  the  Judges  elected  as  herein  provided  shall  have  and 
obtain  jurisdiction  of  the  same. 

CHAPTER     IX. 

THE   SAN    FRANCISCO    LAW    LIBRARY. 

Rooms.     Act  of  the  Legislature. 

Section  1.  The  Supervisors  must  provide,  fit  up  and  furnish, 
with  fuel,  lights,  stationery,  and  all  necessary  conveniences,  attend- 
ants and  care,  rooms  convenient  and  accessible  to  the  judges 
and  officers  of  the  courts  and  of  the  municipal  government  suffi- 
cient for  the  use  and  accommodation  of  the  San  Francisco  Law 
Library,  established  under  an  Act  of  the  Legislature  of  this  State 
entitled:  "An  Act  to  provide  for  increasing  the  Law  Library  of 
the  corporation  known  as  the  San  Francisco  Law  Library,  and 
to  secure  the  use  of  the  same  to  the  Courts  held  at  San  Francisco, 
the  Bar,  the  City  and  County  Government  and  the  People  of  the 
City  and  County  of  San  Francisco,"  approved  March  9th,  1870. 
The  Supervisors  must  appropriate,  allow  and  order  paid  out  of 
the  proper  fund  such  sums  as  may  be  necessary  for  the  purposes 
aforesaid;  and  all  sums  lawfully  appropriated  and  expended  pur- 
suant hereto  shall  be  paid  out  of  the  proper  fund  on  demands  duly 
audited,  in  the  mode  prescribed  by  this  Charter  for  auditing  other 
(Jemands  upon  the  treasury.  The  County  Clerk  must  pay  monthly 
to  the  Treasurer  of  the  San  Francisco  Law  Library  such  moneys 
as  he  shall  collect  under  the  Act  referred  to  for  the  benefit  of  said 
Law  Library. 


68  Charter  of  the  City  and  County  of  Sa7i  Francisco, 

ARTICLE  VI. 

DEPARTMENT  OF  PUBLIC  WORKS. 
CHAPTER     I. 

THE    BOARD   OF    PUBLIC    WORKS. 
Board  of  Commissioners.     Appointed   by   Mayor.     Terms.     Qualifications. 
Salary. 

Section  1.  There  shall  be  a  Department  of  Public  Works  under 
fthe  management  of  three  Commissioners  who  shall  constitute  the 
Board  of  Public  Works,  and  who  shall  give  all  their  time  during 
official  business  hours  to  the  duties  of  their  office.  The  mem- 
bers of  said  Board  shall  be  appointed  by  the  Mayor.  Of  those 
first  appointed  he  shall  appoint  one  for  one  year,  one  for  two 
years,  and  one  for  three  years.  Each  year  thereafter  he  shall 
appoint  for  three  years  one  person  as  the  successor  of  the  Com- 
missioner whose  term  of  office  expires  in  that  year.  All  such  ap- 
pointments shall  be  so  made  that  not  more  than  one  member  shall 
at  any  one  time  belong  to  the  same  political  party.  No  person 
shall  be  eligible  for  appointment  as  such  Commissioner  unless  he 
is,  and  has  been  for  at  least  five  years  next  preceding  his  appoint- 
ment, an  elector  of  the  City  and  County.  Each  of  said  Commis- 
sioners shall  receive  an  annual  salary  of  four  thousand  dollars. 

President  of  the  Board.    Term. 

Sec.  2.  Of  the  Commissioners  first  appointed  under  this  Char- 
ter, one  shall  be  designated  by  the  Mayor  to  serve  as  President 
for  one  year.  All  subsequent  Presidents  of  the  Board  shall  be 
elected  by  the  members  thereof  for  terms  to  be  fixed  by  said 
Board.  The  President  of  the  Board  shall  in  each  case  hold  office 
until  his  successor  has  been  elected  or  until  his  membership  on 
the  Board  expires. 

Secretary  of  the  Board.    Salary.     Employees.    Compensation. 

Sec.  3.  The  Board  may  appoint  a  Secretary  who  shall  receive 
an  annual  salary  of  eighteen  hundred  dollars.  The  Board  may 
employ  such  clerks,  superintendents,  inspectors,  engineers,  sur- 
veyors, deputies,  architects  and  workmen  as  shall  be  necessary 
to  a  proper  discharge  of  their  duties  under  this  Article,  and  fix 
their  compensation;  but  no  compensation  to  any  of  said  persons 
shall  be  greater  than  is  paid  in  the  case  of  similar  employments. 

Rules  and  Regulations. 

Sec.  4.  The  Board  shall  establish  all  necessary  rules  and  regu- 
lations for  its  government,  and  for  the  performance  of  its  duties, 
and  for  the  regulation  and  conduct  of  its  officers  and  employees; 
and  shall  require  adequate  bonds  from  its  officers  and  employees, 
except  laborers,  for  the  faithful  performance  of  all  their  duties 
in  such  sums  as  may  be  fixed  by  the  Supervisors.  Said  bonds 
shall  be  approved  by  the  Mayor  and  shall  be  filed  in  the  office  of 
the   Auditor. 


Article  VI,  Chapter  I.    Departmerit  of  Public  Works.         69 

Meetings.     Place  and  Time. 

Sec.  5.  The  Board  shall  hold  regular  meetings  at  least  once 
each  week  at  a  place  and  time  to  be  fixed  by  resolution  entered 
on  its  minutes.  No  changes  in  place  or  time  of  regular  meetings 
shall  be  made  without  a  resolution  passed  at  least  two  weeks  be- 
fore the  time  the  change  is  to  go  into  effect.  Such  special  meet- 
ings may  be  held  as  the  Commissioners  may  deem  necessary  after 
notice  of  the  same  has  been  posted  ten  hours  before  the  time  of 
holding  any  such  meeting.  All  meetings  shall  be  public.  No  busi- 
ness shall  be  transacted  at  an  adjourned  meeting  except  such  as 
may  have  been  under,  or  proposed  for,  consideration  at  the  meet- 
ing from  which  the  adjournment  was  had.  No  business  shall  be 
transacted  at  a  special  meeting  except  that  which  is  named  in  the 
notice  of  said  meeting.  Special  meetings  may  be  called  by  any 
member  of  the  Board.  In  every  case  where  a  power  is  exercised 
under  this  article  by  the  Board  the  vote  thereon  shall  be  taken  by 
ayes  and  noes. 

Records  to  Be  Kept.     Duties  of  Secretary. 

Sec.  6.  The  Board  shall  keep  and  preserve  a  record  of  all  its 
proceedings,  and  copies  of  all  plans,  specifications,  reports,  con- 
tracts, estimates,  certificates,  receipts,  surveys,  field  notes,  maps, 
plats,  profiles,  and  of  all  papers  pertaining  to  the  transactions  of 
the  Board.  The  Secretary  of  the  Board  shall  keep  a  record  of 
all  its  transactions,  specifying  therein  the  names  of  the  Commis- 
sioners present  at  all  the  meetings,  and  giving  the  ayes  and  noes 
upon  all  votes.  The  Secretary  shall  post  and  publish  all  orders, 
resolutions  and  notices  as  required  in  this  Chapter  or  which  the 
Board  shall  order  to  be  posted  or  published.  He  shall  perform 
such  other  duties  as  may  from  time  to  time  be  prescribed  by  the 
Board. 

Powers  and  Duties  of  the  Board. 

Sec.  7.  The  Board  shall  be  the  successor  in  office  and  shall 
have  all  the  powers  and  perform  all  the  duties  of  the  Superin- 
tendent of  Streets,  Highways  and  Squares,  of  the  New  City  Hall 
Commissioners,  and  of  the  Commissions  in  existence  at  the  time 
this  Charter  goes  into  effect  for  the  opening,  extending,  widening, 
narrowing,  straightening,  closing  or  changing  the  grades  of  streets 
in  the   City  and  County. 

Custodian  of  All  Official  Matters  Relating  to  Streets. 

Sec.  8.  The  Board  shall  immediately  after  its  organization  take 
possession  and  have  the  custody  and  control  of  all  maps,  plats, 
surveys,  field  notes,  records,  plans,  specifications,  reports,  contracts, 
models,  machinery,  instruments,  tools,  appliances,  contract  rights, 
privileges,  books,  documents  and  archives  and  other  property  be- 
longing to  the  City  and  County,  or  which  may  be  of  value  and 
importance  to  the  City  and  County,  and  heretofore  kept  by  or  in 


70  Charter  of  the  City  and  County  of  San  Francisco. 

the  offices  of  the  City  and  County  Surveyor,  the  Superintendent 
of  Public  Streets,  Highways  and  Squares,  the  Board  of  New  City 
Hall  Commissioners,  and  all  commissions  is  existence  at  the  time 
this  Charter  goes  into  effect  for  the  opening,  extending,  widening, 
narrowing,  straightening,  closing  or  changing  the  grades  of  streets, 
and  all  other  business  and  works  pertaining  to  any  of  said  offices 
or  commissions. 

Matters  Under  Control  of  the  Board. 

Sec.  9.  The  Board  of  Public  Works  shall  have  charge,  superin- 
tendence and  control,  under  such  ordinances  as  may  from  time  to 
time  be  adopted  by  the  Supervisors : 

Streets,  Pipes,  Wires,  Sewers,  Etc. 

1.  Of  all  public  ways,  streets,  avenues,  lanes,  alleys,  places, 
courts,  roads,  highways  and  boulevards  now  opened  or  which  may 
hereafter  be  opened  in  the  City  and  County;  of  the  manner  of 
their  use;  and  of  all  work  done  upon,  over  or  under  the  same; 
and  herein  particularly  the  Board  shall  have  exclusive  authority 
to  prescribe  rules  and  grant  permits,  in  conformity  with  the  ordi- 
nances of  the  Supervisors,  for  the  moving  of  buildings  through 
the  streets  thereof,  and  the  building  or  placing  of  cellars  or  vaults 
under  the  streets  or  sidewalks,,  and  of  temporary  fences  enclosing 
areas  upon  the  sidewalks;  the  laying  down  and  construction  of 
railroad  tracks  in  the  streets;  the  erection  of  telegraph  and  tele- 
phone poles,  and  poles  for  electric  lighting,  and  the  laying  under 
the  surface  of  the  streets  or  sidewalks  of  telegraph  or  telephone 
wires,  and  wires  for  electric  lighting  and  power;  the  construction 
of  drains  and  sewers ;  the  laying  down  and  taking  up  of  gas,  steam 
and  water  pipes,  pneumatic  or  other  tubes  or  pipes,  and  sewers 
and  drains,  and  determining  the  location  thereof;  the  using  of 
the  street  or  any  portion  thereof  for  the  deposit  of  building  mate- 
rial in  front  of  a  building  during  its  construction  or  repair,  or 
for  any  purpose  other  than  such  as  ordinarily  and  properly  belongs 
to  the  public  from  the  dedication  thereof  to  public  use;  and 
without  such  permission  in  writing  from  said  Board  no  person 
shall  do  any  of  the  acts  in  this  section  enumerated;  but  nothing 
in  this  section  shall  be  so  construed  as  to  give  said  Board  the 
power  to  grant  permits  for  or  allow  the  permanent  encroachment 
upon  any  sidewalk  of  any  structure; 

Drainage. 

2.  Of  all  sewers,  drains  and  cesspools,  and  of  the  work  per- 
taining thereto  or  to  the  drainage  of  the  City  and  County; 

Cleaning  and  Sprinkling,  and  Lighting. 

3.  Of  the  cleaning  and  sprinkling  of  all  public  streets,  avenues, 
alleys,  places,  courts,  roads,  highways  and  boulevards,  and  the 
lighting  of  the  same  and  the  lighting  of  the  parks,  squares  and 
other  public  places  and  public  buildings; 


Article  VI,  Chapter  I..  Department  of  Public  Works.         71 

Public   Buildings. 

4.  Of  the  cleaning  of  all  the  public  buildings  of  the  City  and 
County  and  of  the  appointment  of  such  janitors  and  employees  as 
are  needed  for  such  purpose; 

Building  Construction. 

5.  Of  the  supervision  of  any  and  all  building  construction  in 
the  City  and  County; 

Constructing  Public  Buildings. 

6.  Of  the  construction  of  any  and  all  public  buildings  and 
structures,  under  plans  duly  approved  by  the  various  departments, 
including  all  school  houses  and  fire-department  buildings,  and  the 
repair  and  maintenance  of  any  and  all  buildings  and  structures 
owned  by  the   City  and   County. 

Conduits.     Garbage.     Sewer  System. 

7.  Of  any  and  all  wires  and  conduits,  the  collection  and  dis- 
posal of  street  refuse,  garbage  and  sewage,  and  the  designing, 
construction  and  maintenance  of  the  sewerage  and  drainage  sys- 
tems of  the  City  and  County; 

Public  Utilities. 

8.  Of  tlie  construction,  maintenance  and  operation  of  any 
and  all  public  utilities,  owned,  controlled  or  operated  by  the 
City  and  County,  or  which  may  hereafter  be  so  constructed, 
owned,  controlled  or  operated.  Full  authority  is  vested  in 
the  Board  of  Public  Works  to  carry  out  the  powers  granted 
in  this  paragraph,  and  it  may,  in  accordance  with  such  ordi- 
nances as  the  Supervisors  may  enact,  contract  for  work  to  be 
performed,  or  materials  or  equipment  to  be  furnished,  or  for 
expert,  technical  or  professional  services  to  be  rendered,  wherever 
such  work,  services,  materials  or  equipment  are  certified  by  the 
City  Engineer  to  be  necessary  in  connection  with  the  construc- 
tion, maintenance  or  operation  of  such  utilities. — As  amended 
November  5,  1918;  approved  by  the  Legislature  January  17,  1919 
(Statutes,   1919). 

Proceedings  Relative  to  Excavation  of  Streets. 

9.  When  at  any  time  any  person,  company  or  corporation 
desires  to  have  opened  or  torn  up  the  roadway  of  any  street,  lane, 
alley,  place  or  court  in  the  City  and  County  for  any  purpose,  a 
written  application  shall  be  made  to  the  Board  of  Public  Works 
for  permission  to  do  so.  The  Board  shall  thereupon  make  an  esti- 
mate of  the  expense  of  opening  or  tearing  up  such  street,  lane, 
alley,  place  or  court  and  of  restoring  the  same  to  as  good  a  con- 
dition as  it  was  in  before  said  opening  or  tearing  up.  Such  per- 
son, company  or  corporation  must  thereupon  deposit  the  amount 
of  such  estimate  with  the  Board  of  Public  Works  which  shall 
thereupon  pay  the  same  into  the  General  Fund. 

The  Board  shall  thereupon  proceed  to  open  or  tear  up  said 
street,  lane,  alley,  place  or  court  as  in  said  application  requested, 


72  Charter  of  the  City  and  County  of  San  Francisco. 

and  shall  at  the  proper  time  restore  such  street,  lane,  alley,  place 
or  court  to  as  good  a  condition  as  it  was  in  before  said  opening 
or  tearing  up.  Contracts  for  the  doing  of  such  work  by  the 
Board  may  be  let  by  it  in  the  manner  provided  in  this  Chapter,  or 
the  work  may,  at  the  option  of  the  Board,  be  done  by  days'  labor. 
If  the  expense  of  such  work  has  been  more  than  the  aforesaid 
estimate,  the  person,  company  or  corporation  shall  be  indebted  to 
the  City  and  County  for  such  balance;  and  the  same  shall  con- 
stitute a  lien  upon  the  property  of  such  person,  company  or  cor- 
poration. Said  lien  shall  remain  in  force  until  such  balance  has 
been  paid,  or  until  the  lien  shall  be  legally  discharged.  Said  lien 
may  be  enforced  by  suit  brought  by  the  City  and  County  in 
accordance  with  the  provisions  of  the  Code  of  Civil  Procedure  of 
the  State  of  California.  If  the  expense  of  such  work  has  been  less 
than  the  aforesaid  estimate,  then  the  surpliis  shall  constitute  a 
claim  in  favor  of  such  person,  company  or  corporation,  against 
the  City  and  County,  and  as  such  shall  be  presented,  approved  and 
paid  as  other  claims. 

Data  for  Supervisors. 

Sec.  10.  All  examinations,  plans  and  estimates  required  by 
the  Supervisors  in  connection  with  any  public  improvements  or 
utilities,  shall  be  made  by  the  Board  of  Public  Works  and  it  shall 
when  requested  to  do  so,  furnish  information  and  data  for  the 
use  of  the  Supervisors. 

City  Engineer  and  Duties. 

Sec.  11.  Said  Board  shall  appoint  a  Civil  Engineer  of  not  less 
than  five  years'  practical  experience  as  such,  who  shall  be  desig- 
nated the  City  Engineer.  He  shall  hold  his  office  at  the  pleasure 
of  the  Board. 

He  shall  perform  all  the  civil  engineering  and  surveying  re- 
quired in  the  prosecution  of  the  public  works  and  improvements 
done  under  the  direction  and  supervision  of  said  Board,  and  shall 
certify  to  the  progress  and  completion  of  the  same,  and  do  such 
other  surveying  or  other  work  as  he  may  be  directed  to  do  by  said 
Board  or  by  the  Supervisors.  He  shall  possess  the  same  power  in 
the  City  and  County  in  making  surveys,  plats  and  certificates  as 
is  or  may  from  time  to  time  be  given  by  law  to  City  Engineers 
and  to  County  Surveyors,  and  his  official  acts  and  all  plats,  sur- 
veys and  certificates  made  by  him  shall  have  the  same  validity 
^nd  be  of  the  same  force  and  effect  as  are  or  may  be  given  by  law 
to  those  of  City  Engineers  and  County  Surveyors.  No  street  assess- 
ments shall  be  valid  without  his  certificate  as  to  the  quantities 
and  unless  it  be  to  the  effect  that  the  work  has  been  done  to  the 
official  lines,  elevations  and  grades. 

City  Engineer.     Salary  and  Fees. 

Sec.  12.  He  shall  serve  the  Board  exclusively  and  shall  not  be 
engaged  in  any  other  business  while  he  is  in  its  service.  He  shall 
receive  no  compensation  except  his  salary.     The  Board  shall  by 


Article  VI,  Chapter  I.    Department  of  Public  Works.         73 

resolution  establish  fees  and  charges  for  the  services  to  be  per- 
formed by  the  City  Engineer  for  persons,  companies  and  corpora- 
tions, and  may  from  time  to  time  change  and  adjust  the  same. 
Said  Engineer  shall  require  such  fees  or  charges  to  be  paid  in 
advance  for  any  official  act  or  service  demanded  of  him,  and  such 
moneys  thus  paid  shall  be  paid  to  the  Treasurer  and  credited  by 
him  to  such  fund  or  funds  as  said  Board  may  direct. 

Appointees  of  Board. 

Sec.  13.  The  Board  shall  appoint  the  necessary  heads  of  depart- 
ments under  its  charge.  Each  such  head  shall  have  the  sole 
executive .  control  in  its  own  department,  subject  to  the  rules  and 
regulations  prescribed  by  the  Board. 

Public  Work  by  Contract. 

Sec.  14.  All  public  work  authorized  by  the  Supervisors  to  be 
done  under  the  supervision  of  the  Board  of  Public  Works  shall, 
unless  otherwise  determined  by  the  Board  of  Public  Works,  be 
done  under  written  contract,  except  in  case  of  urgent  necessity 
as  hereinafter  provided;  and  except  as  otherwise  specifically  pro- 
vided in  this  Charter,  the  following  proceedings  shall  be  taken  in 
all  cases  in  the  matter  of  the  letting  of  contracts  by  said  Board. 
Before  the  award  of  any  contract  for  doing  any  work  authorized 
by  this  Article,  the  Board  shall  cause  notice  to  be  posted  conspic- 
uously in  its  office  for  not  less  than  five  days,  and  published  for 
the  same  time,  inviting  sealed  proposals  for  the  work  contem- 
plated; except,  however,  that  when  any  repairs  or  improvement, 
not  exceeding  an  estimated  cost  of  five  hundred  dollars,  shall  be 
deemed  of  urgent  necessity  by  the  Board,  such  repairs  or  improve- 
ment may  be  made  by  the  Board  under  written  contract  or  other- 
wise, without  advertising  for  sealed  proposals. 

Advertisement  for  Proposals. 

Sec.  15.  Said  advertisement  and  notice  shall  invite  sealed  pro- 
posals to  be  delivered  at  a  certain  day  and  hour  at  the  office  of 
the  Board  for  furnishing  the  materials  for  the  proposed  work,  or 
for  doing  said  work,  or  for  both,  as  may  be  deemed  best  by  the 
Board,  and  shall  contain  a  general  description  of  the  work  to  be 
done,  the  materials  to  be  furnished,  the  time  within  which  the 
w^ork  is  to  be  commenced,  and  when  to  be  completed,  and  the 
amount  of  bond  to  be  given  for  the  faithful  performance  of  the 
contract,  and  shall  refer  to  plans  and  specifications  on  file  in  the 
office  of  the  Board  for  full  details  and  description  of  said  worK 
and  materials. 

Requirements  for  Bids  for  Public  Work. 

Sec.  16.  All  proposals  shall  be  made  upon  printed  forms  to 
be  prepared  by  the  Board,  and  furnished  gratuitiously  upon  appli- 
cation, with  a  form  for  the  affidavit  hereinafter  provided  for 
printed  thereon.  Each  bid  shall  have  thereon  the  affidavit  of  the 
bidder  that  such  bid  is  genuine,  and  not  collusive  or  sham;  that 
he  lias  not  ('olliidod,  conspired,  connived  or  agreed,  directly  or  indi- 


74  Charter  of  the  Cixy  and  County  of  San  Francisco. 

rectly,  with  any  other  bidder  or  person  to  put  in  a  sham  bid,  or 
that  such  other  person  shall  refrain  from  bidding;  and  has  not  in 
any  manner  sought  by  collusion  to  secure  any  advantage  against 
the  City  and  County,  or  any  person  interested  in  said  improve- 
ment, for  himself  or  any  other  person.  All  bids  shall  be  clearly 
and  distinctly  written,  without  any  erasure  or  interlineation,  and 
if  any  bid  shall  have  an  erasure  or  interlineation  it  shall  not  be 
received  or  considered  by  the  Board.  Any  contract  made  in  vio- 
lation of  any  of  the  foregoing  provisions,  and  in  the  case  of 
improvement  of  streets,  any  assessment  for  the  work  done  under 
such  contract,  shall  be  absolutely  void. 

All  proposals  offered  shall  be  accompanied  by  a  check-,  certified 
by  a  responsible  bank,  payable  to  the  order  of  the  Clerk  of  the 
Supervisors,  for  an  amount  not  less  than  ten  per  centum  of  the 
aggregate  of  the  proposal,  and  no  proposal  shall  be  considered 
unless   accompanied  by  such   check. 

No  person,  corporation  or  firm  shall  be  allowed  to  make,  file,  or 
be  interested  in,  more  than  one  bid  for  the  same  w^ork.  If  on  the 
opening  of  said  bids  more  than  one  bid  appear  in  which  the  same 
person,  corporation  or  firm  is  interested,  all  such  bids  shall  be 
rejected. 

Delivery  and  Opening  of  Bids,  and  Award  of  Contract. 

Sec.  17.  On  the  day  and  at  the  hour  specified  in  said  notice 
inviting  sealed  proposals  the  Board  shall  assemble  and  remain  in 
session  for  at  least  one  hour,  and  all  bids  shall  be  delivered  to  the 
Board  while  it  is  so  in  session,  and  within  the  hour  named  in  the 
advertisement.  No  bid  not  so  delivered  to  the  Board  shall  be  con- 
sidered. Each  bid  as  it  shall  be  received  shall  be  numbered  and 
marked  ''Filed"  by  the  President  and  authenticated  by  his  signa- 
ture. At  the  expiration  of  the  hour  stated  in  the  advertisement 
within  which  the  bids  will  be  received,  the  Board  shall,  in  open 
session,  open,  examine  and  publicly  declare  the  same,  and  an 
abstract  of  each  bid  shall  be  recorded  in  the  minutes  of  the  Board 
by  the'  Secretary.  Before  adjourning,  the  Board  shall  compare 
the  bids  with  the  record  made  by  the  Secretary,  and  shall  there- 
upon, at  said  time,  or  at  such  other  time,  not  exceeding  twenty 
days  thereafter,  as  the  Board  may  adjourn  to,  award  the  contract 
to  the  lowest  bidder,  except  as  otherwise  herein  provided.  Notice 
of  such  award  shall  forthwith  be  posted  for  five  days  by  the  Sec- 
retary of  the  Board  in  some  conspicuous  place  in  the  office  of  the 
Board,  and  be  published  for  the  same  period  of  time. 

The  Board  may  reject  any  and  all  bids,  and  must  reject  the  bid 
of  any  party  who  has  been  delinquent  or  unfaithful  in  any  former 
contract  with  the  City  and  County,  and  all  bids  other  than  the 
lowest  regular  bid;  and  on  accepting  said  lowest  bid,  shall  there- 
upon return  to  the  proper  parties  the  checks  corresponding  to  the 
bids  so  rejected.  If  all  the  bids  are  rejected,  the  Board  shall 
return  all  the  checks  to  the  proper  parties  and  again  invite  sealed 
proposals  as  in  the  first  instance. 


Article  VI,  Chapter  I.    Department  of  Public  Works.         75 

The  clieck  accompanying  the  accepted  bid  shall  be  held  by  the 
Secretary  of  the  Board  until  the  contract  for  doing  said  work,  as 
hereinafter  provided,  has  been  entered  into,  whereupon  said  certi- 
fied check  shall  be  returned  to  said  bidder.   , 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to  do 
said  work,  as  hereinafter  provided,  then  the  certified  check  accorg- 
panying  his  bid,  and  the  amount  therein  mentioned,  shall  be  for- 
feited to  the  City  and  County,  and  shall  be  collected  and  paid  into 
the  General  Fund.  Neither  the  Board  of  Public  Works  nor  the 
Supervisors  shall  have  power  to  relieve  from  or  remit  such  for- 
feiture. 

Penalty  for  Collusion. 

Sec.  18.  If  at  any  time  it  shall  be  found  that  the  person  to 
whom  a  contract  has  been  awarded  has,  in  presenting  any  bid  or 
bids,  colluded  with  any  other  party  or  parties,  for  the  purpose  of 
preventing  any  other  bid  being  made,  then  the  contract  so  awarded 
shall  be  null  and  void,  and  the  Board  shall  advertise  for  a  new 
contract  for  said  work. 

Owners  of  Major  Part  of  Frontage  May  Do  the  Work. 

Sec.  19.  In  the  case  of  improvement  of  streets,  the  owners  of 
the  major  part  of  the  frontage  of  lots  and  lands  upon  the  street 
whereon  the  work  is  to  be  done,  or  which  are  liable  to  be  assessed 
for  such  work,  or,  in  the  case  of  an  assessment  district,  the  owners 
of  a  major  part  of  the  superficial  area  embraced  in  such  district, 
or  their  agents,  shall  not  be  required  to  present  sealed  proposal:;, 
but  may,  upon  making  oath  that  they  are  such  owners,  or  the 
agents  of  such  owners,  within  ten  days  after  the  first  posting  of 
notice  of  said  award,  elect  to  take  said  work  and  enter  into  a 
written  contract  to  do  the  whole  work  at  the  price  at  which  the 
same  has  been  awarded.  Should  such  owners  not  enter  into  a 
written  contract  therefor  within  said  ten  days,  or  should  they  enter 
into  such  contract  and  fail  to  commence  the  work  within  the 
time  stated  therein,  which  time  shall  not  be  less  than  ten  nor  more 
than  twenty  days  from  the  time  of  the  execution  of  such  contract, 
the  Board  shall  enter  into  a  contract  with  the  original  bidder  to 
whom  the  contract  was  awarded  at  the  price  specified  in  his  bid. 
If  the  original  bidder  shall  fail  or  refuse  for  fifteen  days  after  the 
first  posting  of  notice  of  the  award  to  enter  into  the  contract,  the 
Board  shall  again  advertise  for  proposals  as  in  the  first  instance. 

Failure   to    Connplete    Work. 

Sec.  20.  If  the  owners  or  contractor  who  may  have  entered 
into  any  contract  do  not  complete  the  same  within  the  time  lim- 
ited in  the  contract,  or  within  such  further  time  as  is  hereinafter 
provided,  the  Board  may  relet  the  unfinished  portion  of  said  work 
in  accordance  with  the  provisions  in  this  Chapter  prescribed  for 
the  letting  of  the  whole. 


76  Charter  of  the  City  and  County  of  San  Francisco. 

Contracts  by  Board  of  Public  Works.     Bonds  of  Contractors,     Progressive 
Payments. 

Sec.  21.  All  contracts  shall  be  drawn  under  the  supervision  of 
the  City  Attorney,  and  shall  contain  detailed  specifications  of  the 
work  to  be  done,  the -manner  in  which  it  shall  be  executed,  and  the 
quality  of  the  material  to  be  used. 

^  Every  contract  entered  into  by  the  Board  shall  be  signed  by  all 
the  members  thereof,  and  by  the  other  contracting  party.  All 
contracts  shall  be  signed  in  triplicate,  one  of  which,  with  the 
specifications  and  drawings,  if  any,  of  the  work  to  be  done,  and 
materials  to  be  furnished,  shall  be  filed  with  the  Clerk  of  the 
Supervisors;  one  thereof,  with  said  specifications  and  drawings, 
shall  be  kept  in  the  office  of  the  Board,  and  the  other,  with  said 
specifications  and  drawings,  shall  be  delivered  to  the  contractor. 
At  the  same  time  with  the  execution  of  the  contract,  the  con- 
tractor shall  execute  to  the  City  and  County  and  deliver  to  the 
Secretary  of  the  Board  a  bond  in  the  sum  named  in  the  notice  for 
proposals,  with  two  or  more  sufficient  sureties  to  be  approved  by 
the  Board,  or  shall  deposit  with  the  Secretary  a  certified  check 
upon  some  solvent  bank  for  said  amount,  for  the  faithful  per- 
formance of  the  contract.  No  surety  on  any  bond  other  than  law- 
fully authorized  surety  companies  shall  be  taken  unless  he  shall 
be  a  payer  of  taxes  on  real  property,  not  exempt  from  execution 
or  subject  to  homestead  claim,' the  assessed  value  of  which,  over 
and  above  all  incumbrances,  is  equal  in  amount  to  his  liabilities 
on  all  bonds  on  which  he  may  be  surety  to  the  City  and  County 
and  each  surety  shall  justify  and  make  an  affidavit  (for  which  a 
form  shall  be  printed  upon  said  bond)  signed  by  him,  that  he  is 
assessed  upon  the  last  assessment  book  of  the  City  and  County 
in  his  own  name,  for  real  property,  in  an  amount  greater  than  his 
liability  on  all  bonds  on  which  he  is  surety  to  the  City  and 
County,  and  that  the  taxes  on  such  property  so  assessed  are  not 
delinquent. 

The  contract  shall  specify  the  time  within  which  the  work  shall 
be  commenced,  and  when  to  be  completed,  as  was  specified  in  the 
notice  inviting  proposals  therefor.  Upon  the  recommendation  of 
the  Board,  the  Supervisors  may  extend  said  time,  but  in  no  event 
shall  the  time  for  the  performance  of  said  contract  be  extended 
^by  the  Supervisors  more  than  ninety  days  beyond  the  time  origi- 
,nally  fixed  for  its  completion;  but,  on  the  unanimous  recommen- 
dation of  the  Board  of  Public  Works,  a  further  extension  may  be 
granted  by  vote  of  fourteen  members  of  the  Board  of  Supervisors. 

In  case  of  failure  on  the  part  of  the  contractor  to  complete  his 
contract  within  the  time  fixed  in  the  contract,  or  within  such 
extension  of  said  time  as  is  herein  provided,  his  contract  shall  be 
void,  and  the  Supervisors  shall  not  thereafter  pay  or  allow  to 
him  any  further  compensation  for  any  work  done  by  him  under 
said  contract;  and  in  the  case  of  the  improvement  of  streets, 
where  the  work  is  to  be  paid  for  by  assessment  levied  upon  real 
property,  no  assessment  shall  be  made  for  the  work  done  under 
said  contract. 


Article  VI,  Chapter  II,    Department  of  Public  Works.        77 

Any  contract  may  provide  for  progressive  payments  if  in  the 
ordinance  authorizing  or  ordering  the  work  permission  is  given 
for  such  a  contract.  But  no  progressive  payments  can  be  pro- 
vided for  or  made  at  any  time  which,  with  prior  pajonents,  if 
there  have  been  such,  shall  exceed  in  amount  at  that  time  seventy- 
five  per  cent  of  the  value  of  the  labor  done  and  materials  fur- 
nished and  used  up  to  that  time,  and  no  contract  shall  provide 
for  or  authorize  or  permit  the  payment  of  more  than  seventy-five 
per  cent  of  the  contract  price  before  the  completion  and  accept- 
ance by  the  proper  officer  or  board  of  the  work  done  under  said 
contract. — As  amended  November  5,  1907 ;  approved  by  the  Legis- 
lature November  23, 1907  (Statutes  Special  Session,  1907,  page  35). 

Acceptance  of  Work. 

Sec.  22.  The  work  in  this  Article  provided  for  must  be  done 
under  the  direction  and  to  the  satisfaction  of  the  Board  of  Public 
Works;  and  the  materials  used  must  be  in  accordance  with  the 
specifications  and  be  to  the  satisfaction  of  said  Board,  and  all 
contracts  provided  for  in  this  Article  must  contain  a  provision  to 
that  effect,  and  also,  that  in  no  case,  except  where  it  is  otherwise 
provided  in  this  Charter,  will  the  City  and  County,  or  any  depart- 
ment or  officer  thereof,  be  liable  for  any  portion  of  the  expense, 
or  in  the  case  of  improvement  of  streets,  for  any  delinquency  of 
persons  or  property  assessed. 

When  said  work  shall  have  been  completed  to  the  satisfaction 
and  acceptance  of  the  Board,  it  shall  so  declare  by  resolution,  and 
thereupon  the  Board  shall  deliver  to  the  contractor  a  certificate 
to  that  effect. 

CHAPTER     II. 

IMPROVEMENT    OF    STREETS. 
Street   Improvement.     Width   and    Grade. 

Section  1.  All  streets,  lanes,  alleys,  places  or  courts,  in  the 
City  and  County,  now  open  or  dedicated  or  which  may  hereafter 
be  opened  or  dedicated  to  public  use,  shall  be  deemed  and  held  to 
be  open  public  streets,  lanes,  alleys,  places  or  courts,  for  the  pur- 
poses of  this  Chapter;  and  the  Supervisors  are  hereby  empowered 
to  fix  the  width  and  grade  thereof,  and  to  order  to  be  done  therein 
and  thereon  any  and  all  street  work  and  street  improvement  under 
the  proceedings  hereinafter  described. 

Application.     Board  to  Recommend  Work.     Recommendation  of  Board  to 
Supervisors. 

Sec.  2.  Application  for  the  doing  of  any  such  work  or  improve- 
ment must  in  the  first  instance,  except  where  otherwise  provided 
in  this  Article,  be  made  in  writing  to  the  Board  of  Public  Works 
by  an  owner  or  owners  of  property  liable  to  be  assessed  for 
the  same,  or  by  their  agents,  or  by  the  Board  of  Health  for 
sanitary  reasons,  or  by  the  Supervisors,  expressed  by  resolution. 


78  Charter  of  the  City  and  County  of  San  Francisco. 

Such  application  need  but  in  general  describe  or  refer  to  the 
work  or  improvement  applied  for;  and  if  the  expense  thereof  or 
any  portion  of  such  expense  is  to  be  assessed  upon  private  prop- 
erty, the  Board  of  Public  Works  shall  investigate  the  same  and 
may  modify,  amend,  alter,  or  increase  the  same,  as  it  may  deem 
proper ;  and  if  the  Board  determine  that  the  work  or  improvement 
so  applied  for,  or  as  so  modified,  amended,  altered  or  increased, 
is  expedient,  it  shall  so  report  to  the  Supervisors;  the  Supervisors 
shall  not  order  any  such  improvement  until  the  same  has  been 
recommended  by  said  Board.  When  the  construction  of  any 
sewer  or  drain  shall  involve  a  cost  of  more  than  five  dollars  per 
lineal  foot  for  any  block,  it  shall  not  be  authorized  except  by  an 
ordinance  passed  by  the  affirmative  vote  of  not  less  than  fourteen 
members  of  the  Board  of  Supervisors.  If  an  application  is  made 
for  any  work  or  improvement  of  which  the  expense  is  to  be  paid 
by  the  City  and  County,  and  the  Board  of  Public  Works  shall  not 
approve  of  such  application,  it  shall  report  to  the  Supervisors  its 
reasons  for  such  disapproval,  and  the  Supervisors  may  then,  after 
having  obtained  from  the  Board  of  Public  Works  an  estimate  of 
the  expense  of  said  work  or  improvement,  by  ordinance  passed 
by  the  affirmative  vote  of  not  less  than  fourteen  members  of  the 
Board  of  Supervisors,  order  the  doing  of  said  work,  or  the  making 
of  said  improvement. 

The  Board  of  Public  Works  may  also,  except  as  herein  pro- 
hibited, recommend  any  improvement,  the  expense  of  which  is  to 
be  paid  by  the  City  and  County,  though  no  application  may  have 
been  made  therefor,  and  must  make,  with  said  recommendation  to 
the  Supervisors,  an  estimate  of  the  expense,  and  in  such  case  the 
Supervisors  may  order  the  same  done. 

No  street  Avork  or  street  improvements  of  any  kind  shall  be 
ordered  to  be  done  by  the  Supervisors  unless  a  written  recommen- 
dation to  do  the  same  has  been  made  to  them  by  the  Board  of 
Public  Works,  except  in  the  case  hereinbefore  provided,  and  all 
such  recommendations  shall  be  made  matters  of  record  in  the  office 
of  said  Board. 

When  the  Board  shall  recommend  any  work  to  be  done  on  a 
street  intersection  or  crossing,  where  the  streets  do  not  intersect 
each  other  at  right  angles,  it  shall  in  each  such  case  determine 
what  lots  in  the  blocks  adjacent  to  such  intersection  or  crossing 
will  be  benefited  by  said  work,  and  shall  cause  a  map  to  be  made 
on  which  shall  be  delineated  the  lots  so  to  be  benefited.  Such  map 
shall  be  transmitted  to  the  Supervisors  with  said  recommenda- 
tion.— As  amended  December  4,  1902;  approved  hy  the  Legislature 
Fehniary  5,  1903   (Statutes,  1903,  page  587). 

Posting  and  Mailing  of  Notices. 

Sec.  3.  Before  recommending  to  the  Supervisors  the  ordering 
of  any  work  or  improvement,  the  expense  of  which,  or  any  part 
thereof,  is  to  be  assessed  upon  private  property,  the  Board  of 


Article  T/,  Chapter  11.^  Department  of  Public  Works.        79 

Public  Works  shall  pass  a  resolution  of  its  intention  to  recom- 
mend the  same,  specifying  the  work  to  be  recommended,  and  shall 
fix  a  day  when  it  shall  take  final  action  upon  said  resolution. 

Upon  the  passage  thereof  the  Secretary  of  the  Board  shall  forth- 
with, without  any  further  authority,  cause  a  copy  of  said  resolu- 
tion to  be  posted  conspicuously  for  five  days  in  the  office  of  said 
Secretary,  and  to  be  published  for  a  period  of  ten  days  (legal 
holidays  excepted)  and  cause  a  copy  to  be  deposited  in  the  Post 
Oflfice  at  the  City  and  County,  with  postage  prepaid,  addressed  to 
each  person  represented  on  the  Assessment  Book  of  the  City  and 
County  for  the  next  preceding  fiscal  year  as  being  ow^ner  of  land 
liable  to  be  assessed  for  said  improvement;  but  if  said  lot  stand 
on  said  book  in  the  name  of  unknown  owners,  such  notice  need 
not  be  sent. 

The  Board  shall  also  cause  to  be  conspicuously  posted  along 
the  line  of  said  contemplated  improvement,  at  points  not  more 
than  one  hundred  feet  in  distance  apart,  notices  not  less  than  three 
in  all,  of  the  passage  of  said  resolution.  Each  of  said  notices  shall 
be  headed  '^ Notice  of  Street  Work"  in  letters  of  not  less  than  two 
inches  in  length,  and  shall  in  legible  characters  state  the  fact  of 
the  passage  of  said  resolution,  its  date,  and  briefly,  the  work  or 
improvement  proposed,  and  refer  to  the  resolution  of  intention 
for  further  particulars. 

Owners   May   Make    Protest.     Proceedings  to   Be  Taken. 

Sec.  4.  The  owners  of  a  majority  of  the  frontage  of  the  prop- 
erty fronting  on  said  proposed  work  or  improvement,  where  the 
same  is  for  one  block,  or  more,  and,  in  the  case  of  a  district,  those 
owning  more  than  one-half  of  the  superficial  area  of  the  district, 
exclusive  of  street  surface,  may  make  written  objections  to  the 
same  within  ten  days  after  the  expiration  of  the  time  of  the  pub- 
lication of  said  resolution  of  intention,  which  objections  shall  be 
delivered  to  the  Secretary  of  the  Board  of .  Public  Works,  who 
shall  indorse  thereon  the  date  of  their  reception  by  him.  Such 
objections  shall  delay  for  six  months  any  further  proceedings  in 
relation  to  the  doing  of  said  work  or  making  said  improvement, 
under  the  said  resolution  of  intention,  unless  the  owners  of  the 
one-half  or  more  of  the  frontage  or  of  the  district,  as  aforesaid, 
shall  meanwhile  petition  for  the  same  to  be  done,  and  thereupon 
the  proceedings  shall  be  continued  under  the  said  resolution  of 
intention,  if  said  Board  shall  deem  proper. 

If,  however,  the  owners  of  at  least  two-thirds  of  the  property 
fronting  on  said  proposed  work  or  improvement,  and,  in  case  of 
a  district,  those  owning  at  least  two-thirds  of  the  superficial  area 
of  the  district,  exclusive  of  street  surface,  shall  make  written  ob- 
jections to  the  said  proposed  work  or  improvement,  after  the 
expiration  of  the  time  hereinbefore  fixed  for  making  the  objections 
in  the  first  instance  to  the  same  (and  w^hich  objections  delayed 
for  six  months  any  further  proceedings  in  relation  to  the  doing  of 


80  Charter  of  the  City  and  County  of  San  Francisco. 

said  work  or  making  said  improvement  under  said  resolution  of 
intention)  and  before  the  expiration  of  the  said  six  months,  no 
further  proceedings  shall  be  taken  under  the  said  resolution  of 
intention.  But  if  no  such  objections  have  been  made,  then  the 
Board  of  Public  Works,  after  the  expiration  of  six  said  months, 
shall,  if  it  deem  proper,  continue  the  proceedings  under  the  reso- 
lution of  intention  aforesaid,  notwithstanding  the  objections  first 
made,  as  hereinbefore  provided,  or  any  further  objections  to  the 
doing  of  said  work  or  making  said  improvement. 

But  when  the  work  or  improvement  proposed  to  be  done  is 
the  construction  of  sewers,  manholes,  culverts,  drains,  cess-pools, 
catch  basins  or  storm  water  inlets,  or  of  sidewalks,  or  of  curbs, 
or  any  work  or  improvement  on  a  street  crossing,  or  on  a  street 
intersection,  and  written  objections  thereto  have  been  delivered 
to  the  Secretary  of  the  Board  of  Public  Works  within  the  time 
hereinbefore  provided,  by  the  owners  of  a  majority  of  the  front- 
age or  of  the  district  aforesaid,  and  in  case  of  work  or  improve- 
ment on  a  street  crossing  or  a  street  intersection,  by  the  owners 
of  a  majority  of  the  street  frontage  liable  to  be  assessed  therefor, 
the  Board  shall,  at  its  next  meeting,  fix  a  time  for  hearing  said 
objections,  not  less  than  one  week  thereafter.  The  Secretary  of 
the  Board  shall  thereupon  notify  the  persons  making  such  objec- 
tions by  depositing  a  notice  thereof  in  the  Postoflfice  at  the  City 
and  County,  postage  prepaid,  and  addressed  to  each  objector  or 
his  agent  when  he  appears  for  such  objector.  At  the  time  speci- 
fied the  Board  shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclusive;  and  if  said 
objections  are  overruled  the  proceedings  shall  be  continued  as 
though  no  objections  had  been  made. 

And  when  not  more  than  two  blocks  on  a  street,  including 
street  crossings,  remain  ungraded  to  the  official  grade,  or  other- 
wise unimproved,  in  whole  or  in  part,  and  a  block  or  more  on  each 
side  upon  such  street  has  been  so  graded  or  otherwise  improved, 
or  when  not  more  than  two  blocks  at  the  end  of  a  street  remain 
so  ungraded  or  otherwise  unimproved,  proceedings  for  the  doing 
of  any  work  or  improvement,  upon  said  intervening  ungraded  or 
unimproved  part  of  said  street,  or  at  the  end  of  a  street,  shall  not 
be  stayed  or  prevented  by  any  written  or  other  objections,  unless 
the  Board  shall  deem  proper. 

And  if  one-half  or  more  in  width  or  in  length,  or  as  to  grading, 
one-half  or  more  of  the  grading  work,  of  any  street  lying  and 
being  between  two  successive  main  street  crossings,  or  if  a  crossing 
has  been  already  partially  graded  or  improved,  as  aforesaid,  the 
Board  may  proceed  as  in  this  Chapter  provided,  to  have  the 
remainder  improved,  graded,  or  otherwise,  notwithstanding  any 
objections  of  property  owners. 

In  all  cases  of  work  or  improvement  in  this  section  hereinbe- 
fore provided,  where  the  Board  of  Public  Works  is  vested  with 
power  to  continue  proceedings  in  relation  to  any  proposed  work 


Article  VI,  Chapter  II. ,  Department  of  Public  Works.        81 

or  improvement,  notwithstanding  any  objections  of  property  own- 
ers to  the  doing  of  the  same,  the  Board  may  determine  that  such 
work  or  improvement  is  expedient,  or  that  the  public  interest  or 
convenience  requires  the  doing  of  the  same,  and  it  may  institute 
proceedings  therefor  and  the  provisions  of  Section  2  of  this  Chap- 
ter, requiring  a  written  application  to  the  Board  in  the  first  in- 
stance, to  be  made  therefor,  shall  not  be  applicable  thereto. 

At  any  time  before  the  making  of  the  assessment  as  hereinafter 
provided,  all  owners  of  lots  of  land  liable  to  assessment  therein, 
who,  after  the  first  publication  of  the  aforesaid  resolution  of  in- 
tention, may  feel  aggrieved,  or  who  may  have  objections  to  any 
proceedings  in  relation  to  the  performance  of  the  work  described 
in  said  resolution,  may  file  with  the  Secretary  a  petition  of  remon- 
strance, wherein  they  shall  state  in  what  respect  they  feel  ag- 
grieved, or  the  proceedings  to  which  they  object.  Such  petition 
or  remonstrance  shall  be  passed  upon  by  the  Board,  and  its  deci- 
sion thereon  shall  be  final  and  conclusive. — As  amended  December 
4,  1902;  approved  by  the  Legislature  February  5,  1903  (Statutes,, 
1903,  page  588). 

Improvement   Chargeable   Upon   a   District.      Hearing  of  Objections. 

Sec.  5.  When  the  contemplated  work  or  improvement  in  the 
opinion  of  the  Board  of  Public  Works  is  of  more  than  local  or 
ordinary  public  benefit,  it  may  recommend  to  the  Supervisors  that 
the  expense  of  such  work  or  improvement  be  made  chargeable 
upon  a  district,  and  said  Board  shall  in  its  resolution  of  inten- 
tion set  out  the  district  benefited  by  said  work  or  improvement 
and  to  be  assessed  to  pay  the  expense  thereof.  Objections  to  the 
extent  and  boundaries  of  the  district  of  lands  to  be  benefited  by 
said  work  or  improvement  may  be  made  by  any  interested  party, 
in  writing,  within  ten  days  after  the  expiration  of  the  time  of  pub- 
lication of  the  resolution  of  intention. 

The  Secretary  of  the  Board  shall  lay  said  objections  before  it 
and  the  Board  shall,  at  its  next  meeting,  fix  a  time  for  hearing 
said  objections  not  less  than  one  week  thereafter.  The  Secretary 
shall  thereupon  notify  the  persons  making  such  objections  by 
depositing  a  notice  thereof  in  the  Postoffice  at  the  City  and 
County,  postage  prepaid,  addressed  to  each  objector.  At  the 
time  specified  the  Board  shall  hear  the  objections  urged  and  pass 
upon  the  same,  and  if  said  objections  are  overruled,  its  decision 
shall  be  final  and  conclusive  as  to  the  extent  and  boundaries  of 
the  district. 

If  the  objections  are  sustained,  the  Board  shall  proceed  to  set 
out  another  district  to  the  extent  and  boundaries  of  which  objec- 
tions may  be  made  and  a  hearing  had  thereon  as  above  provided ; 
and  so  on  in  like  manner  until  a  district  has  been  set  out  to  the 
extent  and  boundaries  of  which  all  objections  shaft  be  overruled 
by  the  Board — its  decision  in  that  behalf  to  be  final  and  conclu- 


82  Charter  of  the  City  and  County  of  San  Francisco. 

sive;  and  thereupon  the  proceedings  shall  continue  the  same  as 
if  no  objections  had  been  made.  In  its  report  to  the  Supervisors 
the  Board  shall  accompany  its  report  with  a  diagram  on  which 
shall  be  delineated  each  separate  lot,  piece  or  parcel  of  land,  the 
area  in  square  feet  of  each  of  such  lots,  pieces  or  parcels  of  land, 
and  the  relative  location  of  the  same  to  the  work  or  improvement 
proposed  to  be  done  within  the  limits  of  the  district.  Such  dia- 
gram shall  be  certified  to  be  correct  by  the  Secretary  of  the  Board. 

Completion    of   Work. 

Sec.  6.  When  the  work  under  any  contract  shall  have  been 
completed,  the  contractor  shall  make  and  file  in  the  office  of  the 
Board  of  Public  Works  an  affidavit  to  the  effect  that  he  has  not 
entered  into  any  private  agreement,  verbal  or  written,  with  any 
person  liable  to  be  assessed  for  said  work,  or  with  any  one  on  his 
behalf,  to  accept  a  price  from  him  less  than  the  price  named  in 
said  contract,  or  to  make  any  rebate  or  deduction  to  him  from 
such  price.  Any  such  agreement  shall  be  deemed  a  fraud  upon 
all  persons  liable  to  be  assessed  for  such  work  other  than  the 
property  owners  who  were  parties  to  the  agreement,  and  shall 
make  void,  as  to  such  persons  so  defrauded,  any  assessment  made 
for  the  work  done  under  such  contract ;  and  where  there  is  more 
than  one  contractor  each  contractor  shall  make  such  affidavit. 

Completion    of   Contract.      Assessment   to    Pay   for   Same. 

Sec.  7.  When  any  work  in  or  upon  any  public  street  shall  have 
been  completed  according  to  contract,  and  the  affidavit  mentioned 
in  the  next  preceding  section  shall  have  been  made,  the  Board  shall 
make  an  assessment  to  cover  the  sum  due  for  the  work  performed 
and  specified  in  said  contract  (including  all  incidental  expenses), 
in  conformity  with  the  provisions  of  this  Article,  according  to  the 
nature  and  character  of  the  work.  The  assessment  shall  briefly 
refer  to  the  contract,  the  work  contracted  for  and  performed,  and 
shall  show  the  amount  to  be  paid  therefor,  together  with  any  inci- 
dental expenses,  the  rate  per  front  foot  assessed,  the  amount  of 
each  assessment,  the  name  of  the  owner  of  each  lot  (if  known  to 
the  Board,  and  if  not  known,  the  word  ^^ unknown' '  shall  be  written 
opposite  the  number  of  the  lot  and  the  amount  assessed  thereon)  ; 
the  number  of  each  lot  assessed,  and  shall  have  attached  thereto  a 
diagram  exhibiting  the  street  or  street  crossing  on  which  the  work 
has  been  done,  and  showing  the  relative  location  of  each  distinct 
lot  to  the  work  done,  numbered  to  correspond  with  the  numbers  in 
the  assessment,  and  showing  the  number  of  front  feet  assessed  for 
said  work.  A  mistake  in  the  name  of  the  owner  shall  not  invali- 
date any  assessment. 

When  the  e:3^pense  of  such  work  falls  in  part  upon  any  person, 
company  or  corporation  having  railroad  tracks  upon  the  street 
where  such  work  has  been  done,  said  assessment  shall  include  an 
assessment  against  said  person,  company  or  corporation,  for  its 


Article  VI,  Chapter  II.    Department  of  Public  Works.        83 

legal  proportion  of  said  expense,  and  the  same  shall  constitute  a 
lien  upon  the  road-bed,  rolling  stock,  franchises  and  other  prop- 
erty of  such  person,  company  or  corporation,  for  a  period  of  two 
years  from  the  date  of  recording  the  warrant,  assessment  and  dia- 
gram hereinafter  provided  for. 

Division    of    Expense.      Sewers,    Grading,    Paving,    Assessed    to    Adjacent 
Blocks    or    District.      Railroads    Must    Bear    Proportion. 

Sec.  8.  The  expense  of  all  w^ork  or  improvement  done  upon  any 
part  of  said  streets,  lanes,  alleys,  places  or  courts,  under  the  order 
of  the  Supervisors,  shall  be  borne  and  paid  for  as  follows: 

First — The  City  and  County  shall  pay  out  of  the  General  Fund 
the  expense: 

a.  Of  all  work  done  on  streets,  crossings  and  intersections  of 
streets  that  have  been  or  may  be  accepted  by  the  City  and  Caunty, 
after  the  acceptance  of  the  same,  and  all  repairs  and  improve- 
ments deemed  of  urgent  necessity  that  may  be  made  upon  the 
public  streets  and  highways. 

h.  Of  all  work  done  in  front  of,  or  that  may  be  assessed  to, 
property  owned  by  the  City  and  County  or  by  any  department 
thereof. 

c.  Of  all  work  done  in  front  of,  or  that  may  be  assessed  to, 
property  owned  by  the  United  States. 

Second — The  expense  of  all  sewers,  cesspools,  manholes,  culverts 
and  drains,  and  of  all  grading,  planking,  macadamizing,  paving, 
piling  and  capping  any  street,  or  portion  thereof,  and  of  all  curbs 
thereon,  and  of  all  work  done  on  sidewalks,  shall  be  assessed  upon 
the  lands  within  the  block  or  blocks  adjacent  thereto  as  herein  pro- 
vided, except  where  by  an  assessment  district  it  may  be  provided 
otherwise. 

Third — The  expense  of  all  work  on  such  portion  of  any  street 
required  by  law  to  be  kept  in  order  by  any  person,  company,  or 
corporation,  having  railroad  tracks  thereon,  shall  be  borne  and  paid 
for  by  such  person,  company  or  corporation,  and  shall  be  included 
in  the  assessment  hereinbefore  provided  for. 

No  assessment  shall  be  levied  upon  any  property,  which,  together 
with  all  assessments  for  street  improvements  that  may  have  been 
levied  upon  the  same  property  during  the  year  next  preceding,  will 
amount  to  a  sum  greater  than  fifty  per  centum  of  the  value  at 
which  said  property  was  assessed  upon  the  last  preceding  Assess- 
ment Book  of  the  City  and  County. 

How   Assessments  for   Street   Work   Shall    Be    Levied. 

Sec.  9.  Subdivision  One — Except  where  the  expense  incurred 
for  the  street  work  and  improvement  authorized  herein  is  to  be 
assessed  upon  a  district  as  hereinafter  provided,  such  expense, 
other  than  that  to  be  paid  by  a  person,  company  or  corporation 


84  Charter  of  the  City  and  County  of  San  Francisco. 

having  tracks  on  the  street  where  such  work  and  improvement 
has  been  done,  shall  be  assessed  upon  the  lots  and  lands  fronting 
thereon,  except  as  hereinafter  specifically  provided;  each  lot  or 
portion  of  a  lot  being  separately  assessed  in  proportion  to  the 
frontage  at  a  rate  per  front  foot  sufficient  to  cover  the  total  ex- 
pense of  the  work. 

Assessment    According   to    Nature    of   Work. 

Subdivision  Two — The  expense  of  all  improvements  except  such 
as  is  done  by  contractors  under  the  provisions  of  Section  16  of  this 
Chapter,  until  the  streets,  avenues,  street  crossings,  lanes,  alleys, 
places,  or  courts  are  finally  accepted,  as  provided  in  Section  23  of 
this  Chapter,  shall  be  assessed  upon  the  lots  and  lands  as  provided 
in  this  section  according  to  the  nature  and  character  of  the  work. 

Work    on    Main    Street    Crossings. 

Subdivision  Three — The  expense  of  the  work  done  on  main  street 
crossing  shall  be  assessed  at  a  uniform  rate  per  front  foot  on  the 
quarter  blocks  and  irregular  blocks  adjoining  and  cornering  upon 
the  crossings,  and  separately  upon  the  whole  of  each  lot  or  portion 
of  a  lot  having  any  frontage  in  the  said  blocks  fronting  on  said 
main  streets,  half  way  to  the  next  main  street  crossing,  and  all  the 
way  on  said  blocks  to  a  boundary  line  of  the  city  where  no  such 
crossing  intervenes,  but  only  according  to  its  frontage  in  said 
quarter  blocks  and  irregular  blocks. 

iVIaIn    Street    Terminating    in    Another    Main    Street. 

Subdivision  Four — Where  a  main  street  terminates  in  another 
main  street,  the  expense  of  the  work  done  on  one-half  of  the  width 
of  the  street  opposite  the  termination  shall  be  assessed  upon  the 
lots  in  each  of  the  two  quarter  blocks  adjoining  and  cornering  on 
the  same,  according  to  the  frontage  of  such  lots  on  said  main  street, 
and  the  expense  of  the  other  half  of  the  width  of  said  street  upon 
the  lot  or  lots  fronting  on  the  latter  half  of  the  street  at  such  ter- 
mination. 

Alley   Crossing    Main*  Street. 

Subdivision  Five — Where  any  alley  or  subdivision  street  crosses 
a  main  street,  the  expense  of  all  work  done  on  said  crossing  shall 
be  assessed  on  all  lots  or  portions  of  lots  half  way  on  said  alley  or 
subdivision  street  to  the  next  crossing  or  intersection,  or  to  the  end 
of  such  alley  or  subdivision  street  if  it  does  not  meet  another. 

Alley  Crossings. 

Subdivision  Six — The  expense  of  work  done  on  alley  or  subdivi- 
sion street  crossings  shall  be  assessed  upon  the  lots  fronting  upon 
such  alley  or  subdivision  streets  on  each  side  thereof,  in  all  direc- 
tions, half  way  to  the  next  street,  place  or  court,  on  either  side,  re- 


Article  F/,  Chapter  II.    Department  of  Public  Works.        85 

spectively,  or  to  the  end  of  such  alley  or  subdivision  street,  if  it 
does  not  meet  another. 

Alley    Terminating    in    Another    Street. 

Subdivision  Seven — Where  a  subdivision  street,  avenue,  lane, 
alley,  or  place  or  court,  terminates  in  another  street,  avenue,  lane, 
alley,  place  or  court,  the  expense  of  the  work  done  on  one-half  the 
width  of  the  subdivision  street,  avenue,  alley,  place,  or  court  oppo- 
site the  termination,  shall  be  assessed  upon  the  lot  or  lots  fronting 
upon  such  subdivision  street  or  avenue,  lane,  alley,  place,  or  court 
so  terminating,  according  to  its  frontage  thereon,  half-way  on  each 
side,  respectively,  to  the  next  street,  avenue,  lane,  alley,  court,  or 
place,  or  the  end  of  such  street,  avenue,  lane,  alley,  place,  or  court, 
if  it  does  not  meet  another,  and  the  other  one-half  of  the  width  upon 
the  lots  fronting  such  termination. 

Work    to    Complete    Unimproved    Portion    of    Street. 

Subdivision  Eight — "Where  any  work  mentioned  in  this  Chap- 
ter, manholes,  cesspools,  culverts,  crosswalks,  piling  and  capping 
excepted,  is  done  on  either  or  both  sides  of  the  center  line  of  any 
street  for  one  block  or  less,  and  further  work  opposite  to  the  work 
of  the  same  class  already  done  is  ordered  to  be  done  to  complete 
the  unimproved  portion  of  said  street,  the  assessment  to  cover 
the  total  expense  of  said  work  so  ordered  shall  be  made  upon  the 
lots  or  portions  of  the  lots  only  fronting  the  portions  of  the  work 
so  ordered.  When  sewering  or  resewering  is  ordered  to  be  done 
under  the  sidewalk  or  only  on  one  side  of  street  for  any  length 
thereof,  the  assessment  for  its  expense  shall  be  made  only  upon 
the  lots  and  lands  fronting  nearest  upon  that  side,  and  for  inter- 
vening intersections  only  upon  the  two  quarter  blocks  adjoining 
and  cornering  upon  that  side. 

Owners  May   Do  the  Grading  in   Front  of  Their  Lots. 

Subdivision  Nine — Any  owner  or  owners  of  lots  or  lands  front- 
ing upon  any  street,  the  width  and  grade  of  which  have  been  estab- 
lished by  the  Supervisors,  may  perform  at  his  or  their  own  expense 
(after  obtaining  permission  from  the  Board  of  Public  Works  so  to 
do,  but  before  said  Board  has  passed  its  resolution  of  intention  to 
recommend  grading  inclusive  of  this)  any  grading  upon  said  street, 
to  its  full  width,  or  to  the  center  line  thereof,  and  to  its  grade  as 
then  established,  and  thereupon  may  procure,  at  his  or  their  own 
expense,  a  certificate  from  the  City  Engineer  setting  forth  the  num- 
ber of  cubic  yards  of  cutting  and  fillinsr  made  by  him  or  them  in 
said  grading,  and  the  proportions  performed  by  each  owner,  and 
that  the  same  is  done  to  the  established  width  and  grade  of  said 
street,  or  to  the  center  line  thereof,  and  thereafter  mav  file  said 
certificate  in  the  office  of  the  Board.  Said  certificate  shall  be  re- 
corded in  a  properly  indexed  book  kept  for  that  purpose  in  the 
office  of  the  Board.     Whenever  thereafter  the  Supervisors  order 


86  Charter  of  the  City  and  County  of  San  Francisco. 

the  grading  of  said  street,  or  any  portion  thereof,  on  which  any 
grading  certified  as  aforesaid  has  been  done,  the  bids  and  contract 
must  express  the  price  by  the  cubic  yard  for  cutting  and  filling  in 
grading,  and  such  owner  or  owners,  and  his  or  their  successors  in 
interest,  shall  be  entitled  to  credit  on  the  assessment  upon  his  or 
their  lots  and  lands  fronting  on  said  street  for  grading  thereof,  to 
the  amount  of  the  cubic  yards  of  cutting  and  filling  set  forth  in  his 
or  their  said  certificate,  at  the  prices  named  in  the  contract  for  said 
cutting  and  filling;  or,  if  the  grade  meanwhile  has  been  legally 
changed,  only  for  so  much  of  said  certified  work  as  would  be  re- 
quired for  grading  to  the  grade  as  changed.  Such  owner  or  own- 
ers shall  not  be  entitled  to  any  credit  that  may  be  in  excess  of  the 
assessments  for  grading  upon  the  lots  and  lands  owned  by  him  or 
them,  and  proportionately  assessed  for  the  whole  of  said  grading. 
The  Board  shall  include  in  the  assessment  for  the  whole  of  said 
grading  upon  the  same  grade  the  number  of  cubic  yards  of  cutting 
and  filling  set  forth  in  any  and  all  certificates  so  recorded  in  his 
office,  or  for  the  whole  of  said  grading  to  the  changed  grade  so  much 
of  said  certified  work  as  would  be  required  for  grading  thereto, 
and  shall  enter  corresponding  credits,  deducting  the  same  as  pay- 
ments upon  the  amounts  assessed  against  the  lots  and  lands  owned 
respectively  by  said  certified  owners  and  their  successors  in  inter- 
est; but  he  shall  not  include  any  grading  quantities  or  credit  any 
sums  in  excess  of  the  proportionate  assessments  for  the  whole  of 
the  grading  which  are  made  upon  any  lots  and  lands  fronting 
upon  said  street  and  belonging  to  any  such'  certified  owners  or 
their  successors  in  interest.  When  any  owner  or  owners  of  any 
lots  and  lands  fronting  on  any  street  shall  have  heretofore  done, 
or  shall  hereafter  do  any  work,  except  grading,  on  such  street,  in 
front  of  any  block,  at  his  or  their  own  expense,  and  the  Super- 
visors shall  subsequently  order  any  work  to  be  done  of  the  same 
class  in  front  of  the  same  block,  the  work  so  done  at  the  expense 
of  such  owner  or  owners  shall  be  excepted  from  the  order  ordering 
work  to  be  done,  as  provided  in  subdivision  ten  of  this  section; 
but  the  work  so  done  at  the  expense  of  such  owner  or  owners 
shall  be  upon  the  official  grade,  and  in  condition  satisfactory  to 
the  Board  of  Public  Works  at  the  time  said  order  is  passed. 

Resolution  of  intention. 

Subdivision  Ten — The  Board  of  Public  Works  may  include  in 
the  resolution  of  intention  any  of  the  different  kinds  of  work 
mentioned  in  this  Chapter,  and  it  may  except  therefrom  any  of 
said  work  already  done  upon  the  street  to  the  official  grade.  The 
lots  and  portions  of  lots  fronting  upon  said  accepted  work,  already 
done  shall  not  be  included  in  the  frontage  assessment  for  the  class 
of  work  from  which  the  exception  is  made;  but  this  shall  not  be 
construed  so  as  to  aft'ect  the  special  provisions  as  to  grading  con- 
tained in  subdivision  nine  of  this  section. 


Article  VI,  Chapter  II.    Department  of  Public  Works.        87 

Estimate    and    Assessment    Upon    Completion    of    Contract. 

Subdivision  Eleven — When  the  resolution  of  intention  declares 
tliat  the  expense  of  the  work  and  improvement  is  to  be  assessed 
upon  a  district,  immediately  after  the  contractor  has  fulfilled  his 
contract  to  the  satisfaction  of  the  Board  of  Public  Works,  or  to 
the  satisfaction  of  the  Supervisors  on  appeal,  the  Board  of  Public 
Works  shall  proceed  to  estimate  upon  the  lands,  lots,  or  portions 
of  lots  within  said  assessment  district,  as  shown  by  the  diagram 
provided  for  in  section  five  of  this  Chapter,  the  benefits  arising 
from  such  work,  and  to  be  received  by  each  such  lot,  portion  of 
such  lot,  piece  or  subdivision  of  land,  and  shall  thereupon  assess 
upon  and  against  said  lands  in  said  assessment  district  the  total 
amount  of  the  expense  of  such  proposed  work,  and  in  so  doing 
shall  assess  said  total  sum  upon  the  several  pieces,  parcels,  lots, 
or  portions  of  lots,  and  subdivisions  of  land  in  said  district  bene- 
fited thereby,  to- wit:  Upon  each  respectively  in  proportion  to  the 
estimated  benefits  to  be  received  by  each  of  said  several  lots,  por- 
tions of  lots,  or  subdivisions  of  land.  In  other  respects  the  assess- 
ment shall  be  as  provided  in  this  Chapter. 

Board    May    Establish    Method    of   Assessment. 

Sec.  10.  If  at  any  time  there  shall  be  any  street  work  or  im- 
provement done,  and  none  of  the  methods  hereinbefore  provided 
are  legally  sufficient  to  authorize  the  Board  of  Public  Works  to 
make  an  assessment  to  pay  for  the  expense  thereof,  then  said 
Board  shall,  before  it  passes  a  resolution  of  its  intention  to  recom- 
mend the  ordering  of  said  work  or  improvement,  establish  by  reso- 
lution a  method  by  means  of  which  such  assessment  shall  be  made ; 
and  on  the  completion  of  the  work  or  improvement  to  the  satis- 
faction of  said  Board,  or  to  the  satisfaction  of  the  Supervisors  on 
appeal,  said  Board  shall  make  an  assessment  to  pay  the  expense 
thereof  according  to  the  method  established  by  said  resolution. 

Assessments   Authenticated. 

Sec.  11.  In  making  all  assessments  the  Board  of  Public  Works 
shall  act  as  a  Board,  and  the  assessment  shall  be  authenticated  by 
the  signatures  of  all  the  members  thereof. 

Warrant   Attached   to   Assessment.      Form   of  Warrant  for  Street   Work. 

Sec.  12.  To  said  assessment  shall  be  attached  a  warrant  which 
shall  be  signed  by  the  President  of  the  Board  of  Public  Works  and 
countersigned  by  the  Secretary  thereof.  Said  warrant  shall  be 
substantially  in  the  following  form: 

By  virtue  hereof  the  Board  of  Public  Works  of  the  City  and 
County  of  San  Francisco,  by  the  authority  vested  in  it,  does  au- 
thorize and  empower  (name  of  contractor)  his  (or  their)  agents, 
or  assigns,  to  demand  and  receive  the  several  assessments  upon  the 
assessment  and  diagram  hereto  attached,  and  this  shall  be  his  (or 
their)  warrant  for  the  same. 


88  Charter  of  the  City  and  County  of  San  Francisco. 

(Date) .     (Name  of  President  of  Board  of  Public 

Works) . 

Countersigned  by  (Name  of  Secretary  of  Board  of  Public 
Works) . 

Said  warrant,  assessment  and  diagram  shall  be  recorded  in  the 
office  of  the  Board.  When  so  recorded  the  several  amounts  assessed 
shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots  assessed,  re- 
spectively, for  the  period  of  two  years  from  the  date  of  said  record- 
ing, unless  sooner  discharged ;  and  from  and  after  the  date  of  said 
recording  of  any  warrant,  assessment  and  diagram,  all  persons 
interested  in  said  assessment  shall  be  deemed  to  have  notice  of  the 
contents  of  the  record  thereof. 

After  said  warrant,  assessment  and  diagram  are  recorded,  the 
same  shall  be  delivered  to  the  contractor^  or  his  agent  or  assigns, 
on  demand,  but  not  until  after  the  payment  to  the  Board  of  the 
incidental  expenses  not  previously  paid  by  the  contractor  or  his 
assigns.  By  virtue  of  said  warrant  said  contractor,  or  his  agents 
or  assigns,  shall  be  authorized  to  demand  and  receive  the  amount 
of  the  several  assessments  made  to  cover  the  sum  due  for  the  w^ork 
specified  in  such  contracts  and  assessments. 

When  it  shall  appear  by  the  final  judgment  of  any  court  in  this 
State  having  jurisdiction  to  render  such  judgment,  that  any  suit 
brought  to  foreclose  the  lien  of  any  assessment  for  street  work 
made  under  this  Chapter,  or  in  the  recording  thereof,  has  been 
defeated  by  reason  of  any  defect,  error,  informality,  omission, 
irregularity,  or  illegality,  thereof  or  therein,  or  in  the  return  on 
the  warrant  issued  pursuant  to  any  such  assessment,  or  in  the 
recording  of  any  such  warrant,  any  person  interested  therein 
may,  at  any  time  within  seven  months  after  the  entry  of  said  final 
judgment,  apply  to  the  Board  for  another  assessment  to  be  issued 
in  conformity  to  law;  and  the  Board  shall,  within  sixty  days  after 
the  time  of  said  application,  make  and  deliver  to  said  applicant  a 
new  assessment,  diagram  and  warrant  in  accordance  with  law, 
and  sign,  record  and  authenticate  the  same  as  above  provided. 
Such  assessment  shall  be  a  lien  upon  the  lots  of  land  set  out  therein 
for  the  period  of  two  years  from  the  date  of  its  recording,  and  suit 
may  be  brought  to  enforce  said  lien  as  provided  in  this  Chapter. 
Should  such  final  judgment  be  that  of  the  Superior  Court  for 
the  City  and  County  and  an  appeal  therefrom  to  the  Supreme 
Court  of  the  State  has  been  taken,  no  such  other  assessment  shall 
be  made  until  said  appeal  has  been  determined. 

How  Assessments   Are    Paid. 

Sec.  13.  The  contractor  or  his  assigns,  or  some  person  on  his 
or  their  behalf,  shall  call  upon  the  persons  assessed,  or  their 
agent,  if  they  can  conveniently  be  found,  and  demand  payment  of 
the  amount  assessed  to  each.  If  any  payment  be  made,  the  con- 
tractor, his  assigns,  or  some  person  on  his  or  their  behalf,  shall 


Article  T/,  Chapter  11.    Department  of  Puhlic  Works.        89 

receipt  the  same  upon  the  assessment  in  the  presence  of  the  per- 
son making  such  payment,  and  shall  also  give  a  receipt  if  de- 
manded. When  the  persons  so  assessed,  or  their  agents,  cannot 
conveniently  be  found,  or  when  the  owner  of  the  lot  is  stated  as 
''unknown"  upon  the  assessment,  then  said  contractor  or  his 
assigns,  or  some  person  on  his  or  their  behalf,  shall  publicly  de- 
mand payment  on  the  premises  assessed. 

The  warrant  shall  be  returned  to  the  Board  of  Public  Works 
within  thirty  days  after  its  date  with  a  return  indorsed  thereon, 
signed  by  the  contractor  or,  his  assigns,  or  some  person  on  his 
or  their  behalf,  verified  upon  oath,  stating  the  nature  and  char- 
acter of  the  demand,  and  whether  any  of  the  assessments  remain 
unpaid  in  whole  or  in  part,  and  the  amount  thereof.  Thereupon 
the  Secretary  of  the  Board  shall  record  the  return  so  made  in 
the  margin  of  the  record  of  the  warrant  and  assessment. 

The  Board  can  at  any  time  receive  the  amount  due  upon  any 
assessment  and  warrant  issued  by  it  and  give  a  good  and  sufficient 
discharge  therefor;  but  no  such  payment  so  made  after  suit  has 
been  commenced  shall  operate,  without  the  consent  of  the  plaintiff 
in  the  action,  as  a  complete  discharge  of  the  lien  until  the  costs  in 
the  action  shall  be  refunded  to  the  plaintiff. 

The  Board  may  release  any  assessment  upon  the  books  of  its 
office  on  the  payment  to  it  of  the  amount  of  the  assessment,  with 
interest,  against  any  lot,  or  on  the  production  to  it  of  the  receipt 
of  the  party  or  his  assigns  to  whom  the  assessment  and  warrant 
were  issued.  If  any  contractor  shall  fail  to  return  his  warrant 
within  the  time  and  in  the  form  provided  in  this  section  he  shall 
thenceforth  have  no  lien  upon  the  property  assessed;  but  if  any 
warrant  is  lost,  upon  proof  of  such  loss,  a  duplicate  may  be  issued, 
upon  which  a  return  may  be  made  with  the  same  effect  as  if  the 
original  had  been  so  returned.  After  the  return  of  the  assessment 
and  warrant  as  aforesaid,  all  amounts  remaining  due  thereon  shall 
draw  interest  at  the  rate  of  seven  per  centum  per  annum  until  paid. 

Appeal  to  Supervisors  From  Decision  of  Board,  and  Proceedings  Tliereon, 

Sec.  14.  The  owners,  w^hether  named  in  the  assessment  or  not, 
the  contractor  or  his  assigns,  and  all  other  persons  directly  inter- 
ested in  any  work  provided  for  in  this  Chapter,  or  in  the  assess- 
ment, feeling  aggrieved  by  any  act  or  determination  of  the  Board 
of  Public  Works  in  relation  thereto,  or  who  claim  that  the  work 
has  not  been  performed  according  to  the  contract  in  a  good  and 
substantial  manner,  or  having  or  making  any  objection  to  the 
correctness  or  legality  of  the  assessment  or  other  act,  determina- 
tion, or  proceedings  of  the  Board,  shall,  within  thirty  days  after 
the  date  of  the  warrant,  appeal  to  the  Supervisors,  by  briefly 
stating  their  objections  in  writing  and  filing  the  same  with  the 
Clerk  of  the  Supervisors.  Notice  of  the  time  and  place  of  the 
hearing,  briefly  referring  to  the  work  contracted  to  be  done,  or 


90  Charter  of  the  City  and  County  of  San  Francisco. 

other  subject  of  appeal,  and  to  the  acts,  determinations  or  pro- 
ceedings objected  to  or  complained  of,  shall  be  published  for  five 
days.  Upon  such  appeal  the  Supervisors  may  remedy  and  correct 
any  error  or  informality  in  the  proceedings,  and  revise  and  correct 
any  of  the  acts  or  determinations  of  the  Board  relative  to  said 
work,  may  confirm,  amend,  set  aside,  alter,  modify  or  correct  the 
assessment  in  such  manner  as  to  them  shall  seem  just;  and  require 
the  work  to  be  completed  according  to  the  directions  of  the  Super- 
visors, and  may,  at  their  option,  direct  the  Board  of  Public  Works 
to  correct  the  warrant,  assessment  or  diagram  in  any  particular,  or 
to  make  and  issue  a  new  warrant,  assessment  and  diagram  to  con- 
form to  the  decisions  of  the  Supervisors  in  relation  thereto. 

All  the  decisions  and  determinations  of  the  Supervisors,  upon 
notice  and  hearing  as  aforesaid,  shall  be  final  and  conclusive  upon 
all  persons  entitled  to  appeal  under  the  provisions  of  this  section, 
as  to  all  errors,  informalities  and  irregularities,  which  the  Super- 
visors might  have  remedied  and  avoided;  and  no  assessment  shall 
be  held  invalid,  except  upon  appeal  to  the  Supervisors,  as  pro- 
vided in  this  section,  for  any  error,  informality  or  other  defect 
in  the  proceedings  prior  to  the  assessment,  or  in  the  assessment 
itself,  where  the  Board  of  Public  "Works  has  acquired  jurisdiction 
to  make  the  same. 

Assessments    Collected    by    Suit. 

Sec.  15.  At  any  time  after  the  period  of  thirty-five  days  from 
the  day  of  the  date  of  the  warrant,  or  if  an  appeal  has  been  taken 
to  the  Supervisors,  then,  at  any  time  after  five  days  from  the  de- 
cision of  the  Supervisors  on  such  appeal,  or  after  the  return  on  the 
warrant,  after  the  same  may  have  been  collected,  altered  or  modi- 
fied, as  herein  provided,  but  not  less  than  within  thirty-five  days 
from  the  date  of  the  warrant,  the  contractor  or  his  assignee  may 
sue  in  his  own  name  the  owner  or  the  mortgagee  of  the  land,  lots, 
or  portions  of  lots  assessed  on  the  day  of  the  date  of  the  recording 
of  the  warrant,  assessment  and  diagram,  or  any  day  thereafter 
during  the  continuance  of  the  lien  of  said  assessment,  and  recover 
the  amount  of  any  assessment  remaining  unpaid,  with  interest 
thereon  at  the  rate  of  seven  per  centum  per  annum  until  paid. 

In  all  cases  of  recovery  under  the  provisions  of  this  Chapter 
the  plaintiff  shall  recover  the  sum  of  fifteen  dollars  in  addition  to 
the  taxable  costs,  as  attorney's  fees,  but  not  any  percentage  upon 
said  recovery.  When  suit  has  been  brought,  after  a  personal 
demand  has  been  made  and  a  refusal  to  pay  such  assessment  so 
demanded,  the  plaintiff  shall  also  be  entitled  to  have  and  recover 
said  sum  of  fifteen  dollars  as  -  attorney 's  fees  in  addition  to  all 
taxable  costs,  notwithstanding  that  the  suit  may  be  settled  or  a 
tender  be  made  before  a  recovery  in  said  action,  and  he  may  have 
judgment  therefor. 

Said  warrant,  assessment  and  diagram,  with  the  affidavit  of  de- 
mand and  non-payment,  shall  be  held  prima  facie  evidence  of  the 


Article  VI,  Chapter  II.    Department  of  Public  Works.        91 

regularity  and  correctness  of  the  assessment  and  of  the  prior  pro- 
ceedings and  acts  of  the  Board  of  Public  Works  and  of  the  Super- 
visors upon  which  said  warrant,  assessment  and  diagram  are 
based,  and  like  evidence  of  the  right  of  the  plaintiff  to  recover  in 
the  action.  The  Court  in  which  said  suit  shall  be  commenced  shall 
have  power  to  adjudge  and  decree  a  lien  against  the  lots  of  land 
assessed,  and  to  order  such  premises  to  be  sold  on  execution  as  in 
other  cases  of  the  sale  of  real  estate  by  the  process  of  said  Courts. 
In  all  actions  brought  to  enforce  the  lien  of  assessments  made 
pursuant  to  the  provisions  of  this  Chapter  the  proceedings  therein 
shall  be  governed  and  regulated  by  the  provisions  of  this  Chapter, 
and  when  not  in  conflict  herewith,  by  the  Codes  of  this  State. 

Repairs  to  Streets  Not  Yet  Accepted  Must  Be  Done  by  Owners;  If  Not 
Done,  Board  May  Do  So.  Bids  for  Repairs.  Owners  Liable  for 
Amount.      Certificate    of   the    Board    Upon    Completion. 

Sec.  16.  When,  in  the  judgment  of  the  Board  of  Public  Works, 
any  portion  of  the  roadway  of  any  improved  street,  avenue,  lane, 
alley,  court  or  place,  or  any  portion  of  any  sidewalk  thereof,  in 
the  City  and  County,  none  of  which  has  been  accepted  by  the 
Supervisors  as  by  law  or  as  in  this  Charter  provided,  shall  be  so 
out  of  repair  or  in  such  condition  as  to  endanger  persons  or  prop- 
erty passing  thereon,  or  so  as  to  interfere  with  the  public  con- 
venience in  the  use  thereof,  the  Board  is  authorized  to  notify  the 
owner  or  owners  of  any  lot  fronting  on  said  portion  of  said  street, 
avenue,  lane,  alley,  court  or  place,  or  fronting  on  such  portion  of 
said  sidewalk  so  out  of  repair  or  in  such  condition  as  aforesaid, 
by  a  notice  in  writing  to  be  delivered  to  him,  or  his  agent,  or  to 
any  of  the  persons  referred  to  in  Section  19  of  this  Chapter  (and 
for  the  purposes  of  this  section  any  of  such  persons  shall  be  deemed 
the  "owner"),  requiring  such  owner  to  repair,  or  reconstruct,  or 
improve  forthwith,  in  such  manner  and  with  such  material  as  the 
Board  may  determine  and  direct,  said  portion  of  said  street,  ave- 
nue, lane,  alley,  court  or  place,  to  the  center  line  thereof,  or  said 
portion  of  said  sidewalk  in  front  of  the  lot  of  which  he  is  the  ow^ner. 

If  said  repair,  reconstruction  or  improvement  be  not  begun 
within  five  (5)  days  after  notice  given  as  aforesaid,  and  diligently 
and  without  interruption  prosecuted  to  completion,  the  Board  may, 
if  it  so  determine,  enter  into  a  contract  with  any  suitable  person  at 
the  expense  of  such  owner  for  the  doing  of  the  work  of  the  required 
repair,  or  reconstruction,  or  improvement  after  the  following  pro- 
ceedings as  in  this  section  hereinafter  provided  shall  have  been 
taken  by  the  Board. 

The  Board  shall  cause  a  notice  inviting  sealed  bids  for  the  doing 
of  said  required  work  to  be  conspicuously  posted  in  its  office  for 
three  days  (legal  holidays  excepted),  together  with  the  specifica- 
tions for  such  required  work.  The  said  notice  shall  specify  the  day 
and  hour  w^hen  such  sealed  bids  must  be  delivered  to  the  Board,  and 
shall  contain  a  general  description  of  the  work  to  be  done,  the  time 


92  Charter  of  the  City  and  County  of  San  Francisco. 

within  which  the  work  is  to  be  commenced  and  when  to  be  com- 
pleted, and  the  amount  of  the  certified  check  hereinafter  provided 
for  as  a  guaranty  for  the  faithful  performance  of  the  contract,  and 
shall  refer  to  the  specifications  posted  therewith.  On  the  day  and 
at  the  hour  specified  in  said  notice,  the  Board  shall  assemble  and 
remain  in  session  for  at  least  one  hour,  and  all  such  bids  shall  be 
delivered  to  the  Board  while  it  is  so  in  session  and  within  the  hour 
named  in  the  said  notice.  At  the  expiration  of  the  hour  stated  in 
the  said  notice  within  which  the  bids  shall  be  received,  the  Board 
shall,  in  open  session,  open,  examine  and  publicly  declare  the  same, 
and  an  abstract  of  each  bid  shall  be  recorded  in  the  minutes  of  the 
Board  by  the  Secretary.  The  Board  shall  award  the  contract  to 
the  lowest  responsible  bidder,  if  in  its  judgment  the  bid  of  such 
bidder  is  reasonable  and  just. 

The  Board  may  for  good  cause  reject  any  and  all  bids,  and  must 
reject  the  bid  of  any  party  who  has  been  delinquent  or  unfaithful 
in  any  former  contract  awarded  to  him  by  the  Board. 

No  bid  shall  be  considered  by  the  Board  unless  it  be  accompanied 
by  a  check,  certified  by  a  responsible  bank,  payable  to  the  order 
of  the  Clerk  of  the  Supervisors  of  the  City  and  County,  for  an 
amount  determined  by  the  Board  and  specified  in  said  notice  invit- 
ing bids.  Such  check  shall  be  held  by  the  Board  as  a  guaranty 
that  the  bidder  to  whom  the  contract  has  been  awarded,  as  herein- 
before provided,  will  enter  into  contract  to  do  said  work  and  faith- 
fully perform  such  contract. 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to  do 
said  work  as  hereinafter  provided,  or  if  after  having  entered  into 
the  said  contract  said  bidder  fails  to  faithfully  perform  the  con- 
tract, then  the  said  certified  check  accompanying  his  bid  shall  be 
forfeited  to  the  City  and  County,  and  shall  be  collected  and  paid 
into  the  General  Fund  thereof. 

The  bidder  to  whom  the  contract  for  the  said  work  has  been 
awarded  shall  enter  into  a  written  contract  therefor  with  the  Board 
of  Public  Works  within  five  (5)  days  after  the  date  of  the  award 
thereof.  Upon  the  completion  of  the  required  repair,  reconstruc- 
tion or  improvement  by  the  contractor  as  aforesaid  to  the  satisfac- 
tion of  the  Board,  it  shall  make  and  deliver  to  the  contractor  a 
certificate  to  the  effect  that  such  repair,  reconstruction  or  improve- 
ment has  been  properly  made  by  said  contractor,  and  that  the 
charges  for  the  same  are  reasonable  and  just,  and  that  the  Board 
of  Public  Works  has  accepted  the  same.  Upon  the  issuance  of  the 
said  certificate  the  Board  shall  surrender  to  the  contractor  the  cer- 
tified check  hereinbefore  provided  for. 

Until  the  sidewalk  or  the  roadway  of  any  improved  street,  ave- 
nue, lane,  alley,  court  or  place  in  the  City  and  County  is  finally 
accepted  as  by  law  or  as  in  this  Charter  provided,  the  obligation  to 
repair,  reconstruct  or  improve  the  same  is  imposed  upon  the  owner 
or  owners  of  the  lots  fronting  thereon. — As  amended  November  15, 
1910;  approved  hy  the  Legislature  February  17,  1911  (Statutes, 
1911,  page  1661), 


Article  V/,  Chapter  II.    Department  of  Public  Works.        93 

Contractor   May   Sue  for  Amount   Due   on    Repairs. 

Sec.  17.  If  the  expense  of  the  work  and  material  for  the  repairs 
provided  for  in  the  last  preceding  section  be  not  paid  on  demand 
to  the  contractor  so  employed,  or  his  agent  or  assignee,  said  con- 
tractor, or  his  assignee,  shall  have  the  right  to  sue  such  owner, 
tenant,  or  occupant  for  the  amount  contracted  to  be  paid ;  and  the 
certificate  provided  for  in  said  section  shall  be  prima  facie  evidence 
of  the  amount  claimed  for  said  work  and  materials,  and  of  the 
right  of  the  contractor  to  recover  for  the  same  in  such  action.  Said 
certificate  shall  be  recorded  by  the  Board  of  Public  Works  in  a 
book  kept  by  it  in  the  office  for  that  purpose,  properly  indexed, 
and  the  sum  contracted  to  be  paid  shall  be  a  lien  as  in  case  of 
other  assessments  provided  for  in  this  Chapter. 

Supervisors    May    Prescribe    FurtFier    Penalties. 

Sec.  18.  In  addition  to  the  remedies  above  given,  the  Super- 
visors may  prescribe  the  penalties  that  shall  be  incurred  by  any 
owner  or  person  neglecting  or  refusing  to  make  repairs  when 
required,  as  hereinbefore  provided.  Such  penalties  shall  be  en- 
forced for  the  use  of  the  City  and  County  by  prosecution  in  the 
name  of  the  People  of  the  State  of  California  in  the  Court  having 
jurisdiction  thereof,  and  may  be  applied  in  the  case  of  fines  to  the 
payment  of  expense  of  any  such  repairs  not  otherwise  provided  for. 

"Owner"   of   Property    Defined. 

Sec.  19.  The  person  owning  the  fee,  or  the  mortgagee  of  such 
fee,  or  the  person  who,  on  the  day  the  action  is  commenced,  appears 
by  deed  duly  recorded  in  the  County  Recorder's  office  of  the  City 
and  County,  to  have  the  legal  title  to  the  land,  or  the  person  in 
possession  of  lands,  lots,  portion  of  lots  or  buildings  under  claim, 
or  exercising  acts  of  ownership  over  the  same  for  himself,  or  as 
executor,  administrator  or  guardian  of  the  owner,  shall  be  re- 
garded, treated  and  deemed  to  be  the  *'o\vner"  for  all  the  pur- 
poses of  this  Chapter.  And  in  case  of  property  leased,  the  posses- 
sion of  the  tenant  or  lessee  holding  and  occupying  under  such  per- 
sons shall  be  deemed  to  be  the  possession  of  such  owner. 

Lessee  May  Deduct  Payment  From   Rent. 

Sec.  20.  Any  tenant  or  lessee  of  any  lot  of  land  on  which  has 
been  imposed  an  assessment  under  the  provisions  of  this  Chapter 
may  p'ay  said  assessment,  or  he  may  discharge  any  liability  imposed 
thereon  by  virtue  of  the  provisions  of  this  Chapter,  or  he  may 
redeem  the  property  within  the  time  prescribed  by  law,  if  legally 
sold  on  execution,  and  may  deduct  the  amount  so  paid  from  the 
rents  due  and  to  become  due  from  him;  and  he  shall  have  a  lien 
upon,  and  may  retain  possession  of,  said  lots  until  the  amount  so 
paid  and  advanced,  with  legal  interest  thereon,  be  satisfied  from 
accruing  rents  or  by  payment  by  the  o^vne^. 

Records  of   Board   Open   to    Inspection. 

Sec.  21.  The  records  kept  by  the  Board  of  Public  Works  shall 
have  the  same  force  and  effect  as  other  public  records,  and  duly 


94  Charter  of  the  City  and  County  of  San  Francisco. 

certified  copies  therefrom  may  be  used  in  evidence  with  the  same 
effect  as  the  originals.  Said  records  shall,  during  all  office  hours, 
be  open,  free  of  charge,  to  the  inspection  of  any  citizen  wishing 
to  examine  them. 

Service    of    Notices. 

Sec.  22.  Notices  in  writing  required  to  be  given  by  the  Board 
may  be  served  by  any  person  over  the  age  of  twenty-one  years,  and 
the  fact  of  such  service  may  be  verified  by  the  oath  of  the  person 
making  it.  Such  oath  may  be  taken  before  the  Secretary  of  said 
Board  or  before  any  member  thereof. 

Accepted   Streets.     City  to   Keep   in   Repair. 

Sec.  23.  When  any  street  or  portion  of  a  street  has  been  or 
shall  hereafter  be  fully  constructed  to  the  satisfaction  of  the  Board 
of  Public  Works  and  of  the  Supervisors,  and  is  in  good  condition 
throughout,  and  a  sewer,  gas  pipes,  and  water  pipes  are  properly 
laid  therein,  the  same  shall  be  accepted  by  the  Supervisors  by  ordi- 
nance; and  thereafter  such  street  or  portion  of  a  street  shall  be 
kept  in  repair  and  improved  by  the  City  and  County.  The  Super- 
visors shall  not  accept  any  portion  of  a  street  less  than  the  entire 
width  of  the  roadway,  including  the  curbing,  and  one  block  in 
length,  or  one  entire  crossing ;  but  they  may  partly  or  conditionally 
accept  any  street,  without  a  sewer,  or  gas  pipes  or  water  pipes 
therein,  if  the  ordinance  of  acceptance  expressly  states  that  they 
deem  such  sewer,  or  gas  pipes,  or  water  pipes  to  be  then  unneces- 
sary. In  such  case  the  lots  of  land  previously  or  at  any  time 
assessable  for  the  cost  of  constructing  a  sewer  shall  remain  and  be 
assessable  for  such  cost  and  for  the  cost  of  repairs  and  restoration 
of  the  street  damaged  in  said  construction,  whenever  the  Super- 
visors shall  deem  a  sewer  to  be  necessary  and  shall  order  it  to  be 
constructed.  The  Board  of  Public  Works  shall  keep  in  its  office 
a  register  of  all  streets  accepted  by  the  Supervisors  under  this 
section,  w^hich  register  shall  be  indexed  for  easy  reference  thereto. 

Procedure  for   Paving    Railroad  Tracks. 

Sec.  24.  The  Board  of  Public  Works  may  at  any  time,  without 
any  application  therefor,  recommend  to  the  Supervisors  to  order 
the  paving  or  macadamizing  of  the  portion  of  any  street  required 
by  law  to  be  paved  or  macadamized  by  the  person,  company  or 
corporation  having  railroad  tracks  thereon.  Upon  such  recom- 
mendation the  Supervisors  shall  by  ordinance  order  said  work  to 
be  done  and  direct  said  Board  to  notify  said  person,  company,  or 
corporation  of  the  fact  of  the  passage  of  such  ordinance. 

The  Secretary  of  said  Board  shall  thereupon  forthwith  in  writing 
notify  said  person,  company  or  corporation  of  the  passage  of  said 
ordinance;  and  if  said  person,  company  or  corporation  shall  not 
within  ten  days  after  receiving  said  notice  commence  in  good  faith 
to  do  said  w^ork  and  prosecute  the  same  dilierently  to  completion, 
the  Board  shall  invite  sealed  proposals  for  doing  said  work  in  the 
manner  provided  in  this  Article;  and  all  the  provisions  of  this 


Article  V/,  Chapter  II.    Department  of  Public  Works.        95 

Article  in  regard  to  such  proposals,  to  the  awarding  of  contracts, 
to  the  execution  of  contracts,  and  to  the  doing  of  public  work, 
shall  apply  to  all  similar  proceedings  taken  under  this  section.  On 
the  completion  of  the  work  to  the  satisfaction  of  the  Board  the  con- 
tractor shall  be  entitled  to  recover  from  such  person,  company  or 
corporation  the  contract  price  for  the  expense  of  said  work,  together 
with  incidental  expenses,  in  an  action  instituted  in  a  Court  of  com- 
petent jurisdiction.  On  the  trial  of  such  action,  the  certificate  of 
the  Board  of  the  completion  of  said  work  to  its  satisfaction  shall 
be  prima  facie  evidence  of  the  regularity  of  all  the  proceedings 
prior  thereto  and  of  plaintiff's  right  to  recover  in  said  action. 

Full   Width   of  Street. 

Sec.  25.  Except  as  otherwise  in  this  Chapter  specifically  pro- 
vided, no  ordinance  for  the  improvement  of  any  street  other  than 
for  sewers,  sidewalks  and  curbs,  except  for  the  improvement  of 
the  streets  constituting  or  lying  along  the  water  front  of  the  City 
and  County,  and  except  for  such  work  as  is  provided  for  in  the 
next  preceding  section,  shall  be  passed  by  the  Supervisors  without 
extending  said  improvement  throughout  the  whole  width  of  such 
street. 

Definition    of   Terms.      Use    of    Patented    Pavements. 

Sec.  26.  Wherever  in  this  Article  the  word  "street"  occurs,  it 
shall  be  held  to  include  all  streets,  lanes,  alleys,  places  and  courts 
which  have  been,  or  may  be  hereafter  dedicated  and  open  to  public 
use,  and  whose  grade  and  width  have  been  legally  established ;  and 
the  grade  of  all  intermediate  or  intersecting  streets  in  any  one 
block  shall  be  deemed  to  conform  to  the  grades  as  established  at 
the  crossings  of  the  main  streets. 

The  word  ''improvement"  shall  be  held  to  include  grading,  pav- 
ing, planking,  macadamizing,  piling  and  capping ;  and  the  construc- 
tion and  repairs  of  sewers,  cesspools,  manholes,  culverts,  drains, 
sidewalks  and  curbs. 

The  term  "main  street"  shall  mean  such  street  or  streets  as 
bound  a  block,  and  the  term  "street"  shall  include  crossing. 

The  word  "block"  shall  mean  the  blocks  known  or  designated 
as  such  upon  the  maps  and  books  of  the  Assessor. 

The  term  "quarter  block,"  as  used  in  this  Chapter  as  to  irregu- 
lar blocks,  shall  be  deemed  to  include  all  lots  or  portions  of  lots, 
having  any  frontage  on  either  intersecting  street  half  w^ay  from 
such  intersection  to  the  next  main  street,  or,  when  no  main  street 
intervenes,  all  the  way  to  a  boundary  line  of  the  City  and  County. 

The  word  "paved"  shall  include  any  pavement  of  stone,  iron, 
wood,  or  other  material  which  the  Supervisors  may  by  ordinance 
order  to  be  used;  but  no  patented  pavement  shall  be  ordered  during 
the  existence  of  the  patent  therefor,  until  the  owner  of  such  patent 
shall  have  transferred  to  the  City  and  County  all  right  to  the  use 
of  the  same  therein,  with  the  pri\alege  to  any  person  to  manufac- 


96  Charter  of  the  City  and  County  of  San  Francisco. 

ture  and  lay  the  same  upon  the  streets  under  any  contract  that 
may  be  awarded  to  him,  or  entered  into  by  him  with  the  City  and 
County. 

The  term  '^ expense"  shall  include  the  price  at  which  the  con- 
tract was  awarded,  and  the  term  "incidental  expenses"  shall  in- 
clude all  expenses  incurred  in  printing  and  advertising  the  work 
contracted  for,  and  all  expenses  for  surveying,  measuring  and  in- 
specting the  work. 

All  notices  and  resolutions  required  in  this  Article  to  be  pub- 
lished shall  be  published  daily,  legal  holidays  excepted,  in  the 
official  newspaper. 

All  notices  herein  required  to  be  served,  whether  by  delivery 
mailing  or  posting,  may  be  so  served  by  any  male  citizen  of  the 
age  of  twenty-one  years,  and  his  affidavit  thereof  shall  be  prima 
facie  evidence  of  such  service.  The  affidavit  by  the  publisher  of 
the  official  newspaper,  or  his  clerk,  of  the  publication  of  any  notice 
required  in  this  Article  to  be  published,  shall  be  prima  facie  evi- 
dence of  such  publication. 

Procedure    Relating   to    Closing    of   Streets. 

Sec.  27.  When  the  owners  of  all  the  lands  fronting  upon  any 
street  which  is  less  than  forty  feet  in  width,  for  the  entire  distance 
of  said  street,  or  for  the  dist-ance  of  one  or  more  entire  blocks, 
shall  petition  the  Board  of  Public  Works  that  the  said  street,  or 
that  portion  thereof  upon  which  said  lands  front,  be  closed,  the 
Board  may  pass  a  resolution  recommending  that  the  same  be 
closed.  Before  passing  such  a  resolution  the  Board  shall  cause 
a  notice  of  the  application  to  be  published  in  the  official  newspaper, 
and  shall  fix  a  time  and  place  at  which  it  will  consider  the  same 
and  hear  objections  thereto.  Upon  such  hearing  it  shall  determine 
whether  it  will  recommend  that  the  street  be  closed ;  and  if  it  shall 
so  determine,  it  shall  transmit  such  recommendations  to  the  Super- 
visors. Thereupon  the  Supervisors  may  pass  an  ordinance  that 
the  street  be  closed;  and  the  same  shall  not  thereafter  be,  or  be 
deemed  to  be,  a  public  street,  or  subject  to  any  public  expense  or 
improvement;  and  the  land  theretofore  included  within  the  road- 
way and  sidewalks  of  said  street  shall  thereafter  be  the  property 
of  the  City  and  County.  No  such  ordinance  shall  be  passed  until 
the  petitioners  shall  have  paid  all  the  expenses  of  said  proceedings. 

New   Streets    and    Subdivisions. 

Sec.  28.  In  all  cases  where  lands  in  the  City  and  County  shall 
be  hereafter  sub-divided  and  laid  out  into  blocks  or  plats,  sub- 
lots,  streets  and  alleys,  or  when  new  streets  or  public  grounds 
shall  be  laid  out,  opened,  donated  or  granted  to  the  public  by  any 
proprietor,  the  map  or  plat  thereof  shall  be  submitted  to  the  Board 
of  Public  Works  for  its  approval,  and  if  the  Board  approve  the 
same,  such  approval  shall  be  by  it  indorsed  upon  the  said  map  or 
plat,  and  said  map  with  said  approval  shall  then  be  filed  in  the 
office  of  the  Recorder ;  and  without  such  approval  indorsed  thereon 


Article  VI,  Chapter  II.    Department  of  Public  Works.        97 

no  such  map  or  plat  shall  be  filed  in  the  office  of  the  Recorder, 
or  have  any  validity ;  nor  shall  any  street,  alley,  or  public  ground 
hereafter  opened  and  dedicated  as  such,  become  or  be  a  public 
street  or  be  subject  to  any  public  improvement  or  expense  without 
such  approval,  indorsement  and  record.  No  street  hereafter  laid 
out  shall  be  approved  or  become  a  public  street  unless  the  same 
shall  be  at  least  forty  feet  in  width  and  two  hundred  feet  distant 
from  any  parallel  street. 

Cleaning   and   Sprinkling   of  Streets.     Districts. 

Sec.  29.  The  Board  shall  cause  the  public  streets  to  be  properly 
cleaned  and  sprinkled,  and  for  that  purpose  may  employ  such 
laborers  and  other  employees  as  may  be  necessary,  and  may,  with 
the  consent  of  the  Supervisors,  expressed  by  ordinance,  purchase 
teams,  machinery,  materials  and  other  appliances  as  may  be  deemed 
necessary  for  said  work,  but  the  Board  must  give  the  preference 
to  hand  sweeping  so  far  as  it  can  do  so  with  reference  to  the  proper 
sweeping  of  the  streets  and  the  funds  at  its  disposal. 

The  Board  may,  if  the  public  interest  will  be  subserved,  cause 
the  cleaning  and  sprinkling  of  the  public  streets  to  be  performed, 
either  in  whole  or  in  part,  by  public  contract.  In  such  case  the 
Board  shall  divide  the  city,  or  such  portions  of  the  city  as  it  shall 
determine  to  have  cleaned  or  sprinkled  by  public  contract,  into 
such  number  of  districts  as  in  its  judgment  will  best  induce  com- 
petition for  bids,  and  secure  the  cleaning  or  sprinkling  of  such 
streets  at  the  lowest  cost. 

The  Secretary  of  the  Board  shall,  under  its  direction,  cause  to 
be  published  for  a  period  of  ten  (10)  days  a  notice  inviting  pro- 
posals for  cleaning  or  sprinkling  each  of  said  districts  in  accord- 
ance with  the  specifications  on  file  at  the  office  of  the  Board.  Bids 
shall  be  made  for  each  district  separately.  All  the  provisions  of 
this  Article  in  relation  to  the  making  and  opening  of  bids,  awarding 
of  contracts  and  entering  into  and  performance  of  contracts  shall 
be  applicable  to  said  contracts. — As  amended  December  4,  1902; 
approved  by  the  Legislature  February  5,  1903  (Statutes,  1903,  page 
590). 

Urgent   Repairs. 

Sec.  30.  The  Board  shall  cause  to  be  made  all  urgent  repairs 
upon  the  public  streets  that  may  from  time  to  time  be  requisite 
for  the  public  safety,  and  for  that  purpose  may  employ  such  labor- 
ers as  may  be  necessary,  and  at  such  wages  as  may  be  from  time  to 
time  fixed  by  the  Board;  but  when  the  expense  of  the  repairs 
upon  any  street  or  portion  of  a  street  shall  exceed  the  sum  of 
five  hundred  dollars,  exclusive  of  materials  to  be  furnished  from 
the  Corporation  Store  Yard,  the  same  shall  be  done  under  contract 
awarded  in  the  manner  provided  in  this  Article. 


98  Charter  of  the  City  and  County  of  San  Francisco, 

Contracts  for   Materials. 

Sec.  31.  The  Board  shall,  from  time  to  time,  after  it  shall  have 
been  directed  so  to  do  by  the  Supervisors  by  ordinance,  invite  pro- 
posals for  supplying  to  the  City  and  County  such  materials  as  may 
be  required  for  the  repair  of  the  public  streets  or  for  any  improve- 
ment thereof,  and  such  proceedings  shall  be  had  in  awarding  con- 
tracts therefor  as  are  in  this  Article  provided  for  awarding  other 
contracts. 

Corporation   Store   Yard.     Storekeeper.      Duties. 

Sec.  32.  The  Supervisors  shall  select  some  place  in  the  City 
and  County  which  shall  be  known  as  the  Corporation  Store  Yard, 
wherein  shall  be  kept  all  supplies,  material,  implements  and  ma- 
chines belonging  to  the  City  and  County,  to  be  used  in  repairing 
or  cleaning  and  sprinkling  the  streets  or  for  any  improvement 
thereon.  The  Board  of  Public  "Works  shall  appoint  a  Storekeeper 
for  said  Yard,  who  shall  hold  his  office  during  its  pleasure.  He 
shall  have  the  custody  of  said  Yard  and  of  all  the  supplies,  ma- 
terial and  implements  therein,  and  shall  keep  books  of  account 
in  which  shall  be  kept  a  systematic  account  of  all  purchases,  and 
of  the  receipt  of  supplies  and  material  under  any  contracts  awarded 
under  the  provisions  of  the  preceding  section,  and  of  the  delivery 
•thereof,  which  books  shall  at  all  times  show  the  amount  of  said 
material  and  supplies  on  hand  and  in  store,  and  when,  to  whom, 
and  for  what  purpose  each  article  was  delivered.  He  shall  be 
responsible  for  all  material  and  supplies  in  said  Yard,  and  shall 
not  deliver  any  article  except  upon  the  written  order  or  requisition 
of  the  President  and  Secretary  of  the  Board  of  Public  Works,  and 
he  shall  take  the  written  receipt,  indorsed  upon  said  order,  of  each 
person  to  whom  any  delivery  is  made,  specifying  the  date  of  such 
delivery  and  the  amount  and  kind  of  material  and  supplies  deliv- 
ered. For  any  deficiency  in  his  accounts  or  for  the  delivery  of 
any  article  wdthout  such  order  or  requisition  and  receipt,  he  shall 
be  liable  upon  his  official  bond.  All  cobble  stones,  or  stone  blocks 
or  other  material  with  w^hich  any  street  or  portion  of  a  street  may 
have  been  paved  or  planked  shall,  if  at  any  time  removed  from 
said  street,  be  taken  to  said  Yard,  and  there  kept,  accounted  for 
and  disposed  of  by  the  Storekeeper  in  the  same  manner  as  other 
supplies. 

Ten   Year    Installments. 

Sec.  33.  The  provisions  in  this  Article  relating  to  and  providing 
for  street  work  or  street  improvements  in  the  City  and  County 
and  providing  for  the  payment  of  the  costs  and  expenses  thereof, 
shall  not  be  deemed  exclusive,  but  the  Board  of  Supervisors  may, 
and  it  is  hereby  empowered  so  to  do,  pass  an  ordinance  by  a  vote 
of  at  least  fifteen  of  its  members,  which  may  from  time  to  time  be 
revised  or  amended  by  a  like  vote,  providing  for  street  work  or 
street  improvements  in  the  City  and  County  and  for  the  payment 
of  the  costs  and  expenses  thereof;  and,  in  and  by  such  ordinance, 


Article  y/,  Chapter  II.    Department  of  Public  Works.        99 

it  may  declare  and  designate  the  kinds  of  such  work  or  improve- 
ments. 

Said  Board  is  authorized  and  empowered  to  order  such  street 
work  done  or  improvements  made  under  such  proceedings  as  it 
may  in  such  ordinance  provide,  and  to  assess,  in  such  manner  and 
by  such  method  as  it  may  in  and  by  such  ordinance  prescribe  and 
provide,  the  proper  costs  and  expenses  thereof  upon  lands  in  pri- 
vate ownership,  when  the  payment  of  such  costs  and  expenses  is 
not  otherwise  provided  for  in  such  ordinance,  and  when  the  pay- 
ment of  a  portion  of  such  costs  and  expenses  is  so  otherwise  pro- 
vided for,  to  assess  the  remainder  thereof  upon  such  lands ;  to  pro- 
vide for  a  lien  on  lands  so  assessed  for  such  work  or  improvements ; 
and  to  provide  in  such  ordinance  the  method  for  collecting  and  en- 
forcing such  assessments  so  levied,  and  the  manner  in  which  lands 
for  which  assessments  levied  thereunder  remain  unpaid  may  be 
sold ;  and  to  prescribe  penalties  for  failure  to  pay  such  assessments. 
By  and  in  such  ordinance  said  Board  may  provide  for  fully  and 
completely  exercising  the  powers  which  are  hereby  conferred  as  to 
such  street  work  or  street  improvements  and  the  assessment  and 
collection  of  the  costs  and  expenses  thereof:  and  the  provisions  of 
such  ordinance  shall  not  be  governed  or  limited  by  the  provisions 
of  this  Article  inconsistent  or  in  conflict  therewith. 

The  Board  of  Supervisors,  if  it  be  deemed  expedient  by  the 
Board,  is  further  empowered  to  provide  in  such  ordinance  that  any 
assessment  levied  in  pursuance  thereof  may  at  the  option  of  the 
owner  of  property  assessed  be  paid  in  installments  covering  a 
period  provided  for  in  such  ordinance,  but  not  to  exceed  ten  years, 
upon  such  terms  and  conditions  as  in  such  ordinance  may  be 
provided  and  in  accordance  with  the  method  therein  prescribed, 
but  the  Board  of  Supervisors  shall  not  require  interest  to  be  paid 
on  such  installment  payments  at  a  rate  greater  than  seven  per 
cent  per  annum. 

Xo  assessment  shall  be  levied  in  pursuance  of  such  ordinance 
upon  any  property  for  street  work  or  street  improvements  which, 
together  with  all  assessments  for  street  work  or  street  improve- 
ments that  may  have  been  levied  upon  the  same  property  during 
the  year  next  preceding  the  inception  of  the  proceedings  for  such 
work  or  improvements,  will  amount  to  a  sum  greater  than  fifty  per 
centum  of  the  value  at  which  said  property  was  assessed  for  muni- 
cipal purposes,  exclusive  of  improvements  thereon,  upon  the  assess- 
ment-book of  the  City  and  County  current  at  the  time  of  the  in- 
ception of  such  proceedings. 

Such  limitation  of  assessed  valuation,  however,  shall  not  apply 
to  any  assessment  made  payable  in  installments  as  in  this  section 
hereinbefore  provided  for;  but  in  no  case  shall  any  such  install- 
ment payment  exceed  in  amount  twenty-five  per  centum  of  such 
assessed  valuation. 

The  provisions  of  this  section  shall  not  be  construed  to  limit  or 
restrict  any  method  or  system  enacted  by  any  such  ordinance  as 


100  Charter  of  the  City  and  County  of  San  Francisco. 

herein  provided  for  street  work  or  street  improvements  in  the  City 
and  County  to  the  provisions  of  such  ordinance  so  enacted,  and 
shall  not  be  held  to  exclude  any  other  method  or  system  provided 
in  this  Charter  for  such  work  or  improvements. — As  amended  No- 
vember 7,  1916;  approved  by  the  Legislature  January  18,  1917 
(Statutes,  1917,  page  1708). 

CHAPTER     III. 

OPENING,    EXTENDING,    WIDENING,    STRAIGHTENING    OR    CLOSING 
UP   OF    STREETS   AND   THE    CONDEMNATION    AND    ACQUISI- 
TION   OF    LAND   AND    PROPERTY    NECESSARY   THERE- 
FOR   AND    THE     PERFORMANCE    OF    STREET 
WORK     IN     CONNECTION     THEREWITH. 

Power   of   Supervisors   to    Open,    Etc.,    Streets. 

Section  1.  Whenever  the  public  interest  or  convenience  may 
require,  the  Supervisors  shall  have  full  power  and  authority  to 
order  the  extending,  widening,  straightening  or  closing  up,  in 
whole  or  in  part,  of  any  street,  avenue,  lane,  alley,  court  or  place 
within  the  City  and  County,  and  shall  have  further  full  power  and 
authority  to  order  the  opening  of  any  new  street,  avenue,  lane, 
alley,  court  or  place  within  the  City  and  County,  and  to  condemn 
and  acquire  any  and  all  lands'  and  property  necessary  for  any  of 
the  foregoing  purposes,  and  shall  have  further  full  power  and 
authority  to  order  to  be  done  in  the  same  proceeding  and  as  a  part 
thereof  any  and  all  street  work  and  street  improvement  in  and 
on  any  street,  avenue,  lane,  alley,  court  or  place  which  the  Super- 
visors shall,  under  the  powers  conferred  upon  said  Supervisors  in 
this  Chapter  or  Article,  order  to  be  extended,  widened,  straight- 
ened or  opened.  The  cost,  damage  and  expense  of  such  opening, 
extending,  curving,  straightening  and  closing  up  of  any  street, 
avenue,  lane,  alley,  court  or  place  and  of  said  street  work  and 
street  improvement  may  be  assessed  in  whole  or  in  part  on  property 
benefited  or  may  be  paid  in  whole  or  in  part  out  of  the  revenues 
of  the  City  and  County.  Two  or  more  streets,  avenues,  lanes, 
alleys,  courts  or  places  laid  out  in  pursuance  of-  one  general  plan 
may  be  opened  under  one  proceeding,  and  all  street  work  and 
street  improvement  therein  and  thereon  may  be  done  under  the 
same  proceeding,  and  the  property  benefited  may  be  assessed  accord- 
ing to  the  benefit  from  such  general  plan  for  the  cost,  damage  and 
expense  thereof. 

The  Supervisors  are  further  empowered  to  provide  by  ordinance, 
or  ordinances,  passed  by  12  members  of  the  Board,  the  procedure 
for  fully  and  completely  exercising  the  powers  conferred  in  this 
section,  and  the  procedure  provided  for  in  the  following  sections 
of  this  Chapter  shall  not  be  deemed  exclusive.  In  such  ordinance 
or  ordinances,  if  said  Board  deems  it  expedient,  provision  may  be 
made  for  the  payment  of  an  assessment  levied  in  pursuance  of  the 
provisions  thereof  in  annual  installments  covering  a  term  not  to 


Article  VI,  Chapter  IIL    Department  of  Public  Works.     101 

exceed  ten  years,  upon  such  conditions  as  to  such  Board  may  seem 
reasonable  and  just,  the  rate  of  interest  to  be  made  on  such  pay- 
ment not  to  exceed  7  per  cent  per  annum.  Or  the  Supervisors  may 
by  resohition,  as  in  the  following  section  provided,  declare  that 
any  such  opening,  extending,  widening,  straightening  or  closing  up 
of  any  street,  avenue,  lane,  alley,  court  or  place  and  said  street 
work  and  street  improvement  shall  be  done  or  made  in  the  manner 
and  in  accordance  with  the  following  provisions  of  this  Chapter  or 
as  said  provisions  may  be  hereafter  amended;  in  which  case  the 
proceedings  set  out  in  the  following  sections  of  this  Chapter  shall 
be  taken  and  had. — As  amended  December  10,  1912;  approved  by 
the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Resolution  of  Intention.     Cost  of  Work;    How  May  Be   Paid. 

Sec.  2.  Before  ordering  such  opening,  extending,  widening, 
straightening  or  closing  up  of  any  street,  avenue,  lane,  alley,  court 
or  place  and  said  street  work  and  street  improvement  to  be  made 
or  done  the  Board  of  Supervisors  shall  pass  a  resolution  declaring 
their  intention  so  to  do  and  further  declaring  that  the  same  shall 
be  done  or  made  in  the  manner  and  in  accordance  with  the  pro- 
visions of  this  section  and  the  following  sections  of  this  Chapter. 
Said  resolution  shall  describe  the  same  and  the  work  to  be  done 
and  the  land  and  property  deemed  necessary  to  be  taken  therefor, 
and  shall  specify  the  exterior  boundaries  of  the  district  to  be 
affected  or  benefited  by  the  improvement  and  work,  and  to  be 
assessed  to  pay  the  damages,  costs  and  expenses  thereof. 

In  case  said  damage,  cost  and  expense  or  any  proportion  thereof, 
is  to  be  paid  out  of  the  revenues  of  the  City  and  County  the 
Supervisors  in  such  resolution  may  so  declare,  or  at  any  time 
thereafter  and  before  the  complete  payment  of  said  damages,  costs 
and  expenses,  said  Board  may  declare  and  determine  that  any 
part  or  the  whole  thereof  remaining  unpaid  shall  be  paid  out  of 
the  revenues  of  the  City  and  County. — As  amended  December  10, 
1912;  approved  by  the  Legislature  March  28,  1913  (Statutes,  1913, 
page  1602). 

Posting   of   Notices. 

Sec.  3.  The  Clerk  of  the  Supervisors  shall  transmit  to  the 
Board  of  Public  Works  a  certified  copy  of  such  resolution,  and 
upon  receipt  thereof  said  Board  of  Public  Works  shall  cause  to 
be  conspicuously  posted  along  the  line  of  said  contemplated  work 
or  improvement,  at  not  more  than  three  hundred  feet  in  distance 
apart,  but  not  less  than  three -in  all,  notices  of  the  passage  of  said 
resolution.  Said  notice  shall  be  headed  "Notice  of  Public  Work" 
in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  char- 
acters, state  the  fact  of  the  passage  of  the  resolution,  its  date, 
and  briefly  the  work  of  improvement  proposed,  and  refer  to  the 
resolution  for  further  particulars.  Said  Board  shall  also  cause  a 
notice,  similar  in  substance,  to  be  published  for  a  period  of  ten 
days  in  the  official  newspaper. 


102  Charter  of  the  City  and  County  of  San  Francisco. 

Objections  and   Hearing  Thereof. 

Sec.  4.  Any  person  interested  objecting  to  said  work  or  improve- 
ment, or  to  the  extent  of  the  district  or  lands  to  be  affected  or 
benefited  by  said  work  or  improvement,  and  to  be  assessed  to  pay 
the  cost  and  expenses  thereof,  may  make  written  objections  to  the 
same  within  ten  days  after  the  expiration  of  the  time  of  the  pub- 
lication of  said  notice,  which  objection  shall  be  delivered  to  the 
Clerk  of  the  Supervisors,  who  shall  endorse  thereon  the  date  of  its 
reception  by  him,  and  at  the  next  meeting  of  the  Supervisors  after 
the  expiration  of  said  ten  days  lay  said  objection  before  the  Super- 
visors, who  shall  fix  a  time  for  hearing  said  objections,  not  less  than 
one  week  thereafter.  The  Clerk  of  the  Supervisors  shall  notify  the 
persons  making  such  objections  by  depositing  a  notice  thereof  in 
the  Postoffice,  postage  prepaid,  addressed  to  such  objector. 

Sec.  5.  At  the  time  specified,  or  to  which  the  hearing  may  be 
adjourned,  the  Supervisors  shall  hear  the  objections  urged,  and 
pass  upon  the  same,  and  their  decision  shall  be  final  and  conclusive. 
If  such  objections  are  sustained  all  proceedings  shall  be  stopped, 
but  proceedings  may  again  be  commenced  at  any  time  by  giving: 
notice  of  intention  to  do  said  work  or  make  said  improvement.  If 
such  objection  is  overruled  by  the  Supervisors,  the  proceedings 
shall  continue  the  same  as  if  such  objection  had  not  been  made. 
At  the  expiration  of  the  time  prescribed,  during  which  objections 
to  said  work  or  improvement  may  be  made,  if  no  objections  shall 
have  been  made,  or  if  objections  shall  have  been  made,  and  the 
Supervisors,  after  hearing,  shall  have  overruled  the  same,  the 
Supervisors  shall  be  deemed  to  have  acquired  jurisdiction  to  order 
any  of  the  work  to  be  done  or  improvement  to  be  made  which  are 
authorized  by  Section  1  of  this  Chapter,  and  by  resolution  shall 
order  said  work  to  be  done  or  improvement  to  be  made,  as  the 
case  may  be. 

Viewing  of   Lands  by   Board   of   Public  Works. 

Sec.  6.  Upon  the  passage  of  said  resolution  the  Clerk  of  the 
Supervisors  shall  transmit  a  certified  copy  thereof  to  the  Board  of 
Public  Works.  Upon  receipt  of  the  same  said  Board  of  Public 
Works  shall  proceed  to  view  the  lands  described  in  the  resolution 
of  intention,  and  may  examine  witnesses  on  oath  to  be  administered 
by  any  member  of  said  Board  in  relation  thereto.  Having  viewed 
the  land  to  be  taken,  and  the  improvement  affected,  and  considered 
the  testimony  presented,  they  shall  proceed  with  all  diligence  to 
determine  the  value  of  the  land  and  the  damage  to  improvements 
and  property  affected,  and  also  the  amount  of  the  expenses  incident 
to  said  work  of  improvement,  and,  having  determined  the  same, 
shall  proceed  to  assess  the  same  upon  the  district  of  lands  declared 
benefited,  the  exterior  boundaries  of  which  were  fixed  by  the  reso- 
lution of  intention  provided  for  by  Section  2  hereof.  Such  assess- 
ment shall  be  made  upon  the  lands  within  said  district  in  propor- 
tion to  the  benefit  to  be  derived  from  said  work  or  improvement,  so 


Article  VI,  Chapter  III^   Department  of  Public  Works.     103 

far  as  said  Board  can  reasonably  estimate  the  same,  including  in 
such  estimate  the  property  of  any  railroad  company  within  said 
district,  if  such  there  be.  In  case,  however,  the  Supervisors  shall 
have  declared  that  the  whole  of  such  expense  shall  be  paid  out  of 
the  revenues  of  the  City  and  County,  then  no  such  assessment  shall 
be  made,  but  the  Board  of  Public  Works  shall,  in  such  event,  report 
to  the  Supervisors  in  detail  an  estimate  of  the  value  of  the  land  to 
be  taken,  the  damages  to  improvements  and  the  amount  of 
expenses  incident  to  said  work,  and  if  the  Supervisors  shall  approve 
such  estimate  they  shall  order  the  amount  so  fixed  to  be  paid  to 
the  persons  respectively  entitled  thereto,  as  in  Section  15  hereof 
provided. 

Plat  of  Assessment  District. 

Sec.  7.  Said  Board  of  Public  Works  having  made  their  assess- 
ment of  benefits  and  damages,  shall,  with  all  diligence,  make  a 
written  report  thereof  to  the  Supervisors,  and  shall  accompany 
their  report  with  a  plat  of  the  assessment  district  showing  the  land 
taken  or  to  be  taken  for  the  work  or  improvement,  and  the  lands 
assessed,  showing  the  relative  location  of  each  district,  block,  lot  or 
portion  of  lot,  and  its  dimensions,  so  far  as  can  be  reasonably 
ascertained.  Each  block  or  lot,  or  portion  of  lot,  taken  or  assessed, 
shall  be  designated  and  described  in  said  plat  by  an  appropriate 
number,  and  a  reference  to  it  by  such  descriptive  number  shall  be 
a  sufficient  description  of  it  in  any  suit  entered  to  condemn,  and 
in  all  respects.  When  the  report  and  plat  are  approved  by  the 
Supervisors,  a  copy  of  said  plat,  appropriately  designated,  shall 
be  filed  by  the  Clerk  thereof  in  the  office  of  the  Recorder  of  the 
City  and  County. 

What   Report  to   Specify. 

Sec.  8.  Said  report  shall  specify  each  lot,  subdivision  or  piece 
of  property  taken  or  injured  in  the  widening  or  other  improve- 
ment, or  assessed  therefor,  together  with  the  name  of  the  owner 
or  claimants  thereof,  or  of  persons  interested  therein  as  lessees, 
incumbrancers,  or  otherwise,  so  far  as  the  same  are  known  to  said 
Board  of  Public  Works,  and  the  particulars  of  their  interest,  so 
far  as  the  same  can  be  ascertained,  and  the  amount  of  value  or 
damage,  or  the  amount  assessed,  as  the  case  may  be. 

Conflicting    Titles. 

Sec.  9.  If  in  any  case  the  Board  of  Public  Works  find  that 
conflicting  claims  of  title  exist,  or  if  they  shall  be  in  ignorance 
or  doubt  as  to  the  ownership  of  any  lot  of  land,  or  of  any  improve- 
ments thereon,  or  of  any  interest  therein,  it  shall  be  set  down  as 
belonging  to  unknown  owners.  Error  in  the  designation  of  the 
owner  or  owners  of  any  lot  of  land  or  improvements,  or  of  the 
particulars  of  their  interest,  shall  not  affect  the  validity  of  the 
assessment  or  of  the  condemnation  of  the  property  to  be  taken. 


104  Charter  of  the  City  and  County  of  San  Francisco. 

Publication    of    Notice    to    SFiow    Cause. 

Sec.  10.  Said  report  and  plat  shall  be  filed  in  the  Clerk's  office 
of  the  Supervisors,  and  thereupon  the  Clerk  of  said  Board  shall 
give  notice  of  such  filing  by  publication  for  at  least  ten  days  in 
the  official  newspaper.  Said  notice  shall  also  require  all  persons 
interested  to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  Supervisors  on  or  before  a  day  fixed  by  the 
Clerk  thereof,  and  stated  in  said  notice,  which  day  shall  not  be 
less  than  thirty  days  from  the  first  publication  thereof. 

Hearing    Objections   to    Report. 

Sec.  11.  All  objections  shall  be  in  writing,  and  filed  with  the 
Clerk  of  the  Supervisors,  who  shall,  at  the  next  meeting  after  the 
day  fixed  in  the  notice  to  show  cause,  lay  the  said  objections,  if 
any,  before  the  Supervisors,  who  shall  fix  a  time  for  hearing  the 
same,  of  which  the  Clerk  shall  notify  the  objectors  in  the  same 
manner  as  objectors  to  the  original  resolution  of  intention.  At 
the  time  set,  or  at  such  other  time  as  the  hearing  may  be  adjourned 
to,  the  Supervisors  shall  hear  such  objections  and  pass  upon  the 
same;  and  at  such  time,  or,  if  there  be  no  objections,  at  the  first 
meeting  after  the  day  set  in  said  order  to  show  cause,  or  such  other 
time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report,  and 
may  confirm,  correct  or  modify,  the  same,  or  may  order  the  Board 
of  Public  Works  to  make  a  new  assessment,  report  and  plat,  which 
shall  be  filed,  notice  given,  and  hearing  had,  as  in  the  case  of  an 
original  report.  If  the  Supervisors  shall  have  determined  that  a 
certain  proportion  of  the  cost  and  expense  of  such  work  and 
improvement  shall  be  paid  out  of  the  revenues  of  the  City  and 
County,  they  shall  deduct  such  proportion  from  the  total  amount 
of  the  cost  and  expense  thereof  as  finally  fixed  and  determined  in 
and  by  said  assessment  and  report,  and  the  amount  of  such  propor- 
tion shall  be  paid  out  of  any  revenues  appropriated  for  such  pur- 
pose to  the  persons  respectively  entitled  thereto,  at  the  same  time 
and  in  the  same  manner  as  in  Section  15  hereof  provided,  and  the 
balance  shall  be  raised  by  assessment  as  hereinafter  provided. 

Assessment   Roll,  What  to   Constitute. 

Sec.  12.  The  Clerk  of  the  Supervisors  shall  forward  to  the 
Board  of  Public  Works  a  certified  copy  of  the  report,  assessment 
and  plat,  as  finally  confirmed  and  adopted  by  the  Supervisors, 
with  a  statement  of  any  deduction  that  may  be  made  on  account 
of  payments  made  out  of  the  revenues  of  the  City  and  County, 
as  in  Section  11  provided.  Such  certified  copy  shall  thereupon 
be  the  assessment  roll.  Immediately  upon  receipt  thereof  by  the 
Board  of  Public  Works  the  assessment  therein  contained  shall 
become  due  and  payable,  and  shall  be  a  lien  upon  all  the  property 
contained  or  described  therein. 

Publication   of   Notice  of  Assessment.     Delinquent  Assessments. 

Sec.  13.  The  Board  of  Public  Works  shall  thereupon  give 
notice  by  publication  in  the  official  newspaper  for  ten  days  that 


Article  VI,  Chapter  III.    Department  of  Public  Works.     105 

it  has  received  said  assessment  roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  is  to  be  made  to  said  Board 
within  thirty  days  from  the  date  of  the  first  publication  of  said 
notice.  Said  notice  shall  also  contain  a  statement  that  all  assess- 
ments not  paid  before  the  expiration  of  said  thirty  days  will  be 
declared  to  be  delinquent,  and  that  thereafter  the  sum  of  five  per 
cent  upon  the  amount  of  each  delinquent  assessment,  together  with 
the  cost  of  advertising  each  delinquent  assessment,  will  be  added 
thereto.  When  payment  of  any  assessment  is  made  to  said  Board 
of  Public  Works  it  shall  cause  to  be  written  the  word  *'paid,"  and 
the  date  of  payment,  opposite  the  respective  assessments  so  paid, 
and  the  names  of  persons  by  or  for  whom  said  assessment  is  paid, 
and  shall,  if  so  required,  give  a  receipt  therefor.  On  the  expira- 
tion of  said  thirty  days  all  assessments  then  unpaid  shall  be  and 
become  delinquent,  and  said  Board  of  Public  Works  shall  certify 
such  fact  at  the  foot  of  said  assessment  roll  and  shall  add  five  per 
cent  to  the  amount  of  each  assessment  so  delinquent. 

Sale    of    Delinquent    Property.      Redemption,    How.      Deeds. 

Sec.  14.  The  said  Board  of  Public  Works  shall  thereafter  pro- 
ceed to  advertise  and  collect  the  various  sums  delinquent  and  the 
whole  thereof,  including  the  cost  of  advertising,  which  last  shall 
not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece  or  parcel  of 
land  separately  assessed,  by  the  sale  of  the  assessed  property  in 
the  manner  hereinafter  specified;  and  after  the  date  of  said  delin- 
quency and  before  the  time  of  such  sale  herein  provided  for,  no 
assessment  shall  be  received  unless  at  the  same  time  the  five  per 
cent  added  thereto,  as  aforesaid,  together  wdth  the  costs  of  adver- 
tising then  already  incurred,  shall  be  paid  therewith.  The  said 
property  shall  be  sold,  and  when  sold  shall  be  subject  to  redemp- 
tion in  the  manner  following,  to-w^it : 

First — The  Board  of  Public  Works  shall,  within  ten  days  from 
date  of  such  delinquency,  begin  the  publication  of  a  list  of  the 
delinquent  assessments,  which  list  must  contain  a  description  of 
each  parcel  of  property  delinquent,  and  opposite  or  against  each 
description  the  name  of  the  owner  as  stated  in  the  assessment  roll, 
and  the  amount  of  the  assessment,  penalty  and  costs  due,  including 
the  cost  of  advertising,  which  last  shall  not  exceed  the  sum  of  fifty 
cents  for  each  lot,  piece  or  parcel  of  land,  separately  assessed. 
The  Board  of  Public  Works  shall  append  to  and  publish  with  said 
delinquent  list  a  notice  that  unless  each  assessment  delinquent, 
together  with  the  penalty  and  costs  thereon,  is  paid,  the  property 
upon  which  such  assessment  is  a  lien,  will  be  sold  at  public  auction 
at  a  time  and  place  to  be  specified  in  the  notice.  The  publication 
must  be  made  for  a  period  of  ten  days,  in  the  official  newspaper  of 
said  City  and  County  of  San  Francisco.  The  time  of  sale  must  not 
be  less  than  five  days,  nor  more  than  ten  days,  after  the  expiration 
of  the  period  of  publication  of  said  list,  and  the  place  of  sale  must 


106  Charter  of  the  City  and  County  of  San  Francisco. 

be  in,  or  in  front  of,  the  building  wherein  is  situated  the  office  of 
the  Board  of  Public  Works. 

Second — At  any  time  after  such  delinquency,  and  prior  to  the 
sale  of  any  piece  of  property  assessed  and  delinquent,  any  person 
may  pay  the  assessment  on  such  piece  of  property,  together  with 
the  penalty,  and  costs  then  due,  including  the  cost  of  advertising, 
if  such  payment  is  made  after  the  first  publication  of  the  list  of 
delinquent  assessments.  The  Board  of  Public  Works  shall  there- 
upon mark  such  assessment  "paid,"  as  hereinbefore  provided. 

Third — On  the  day  fixed  for  the  sale  the  Board  of  Public  Works 
must,  at  the  hour  of  10  o'clock  A.  M.,  commence  the  sale  of  the 
property  advertised,  commencing  at  the  head  of  the  list,  and  con- 
tinuing in  the  numerical  order  of  lots  or  parcels  of  land  until  all 
are  sold;  provided,  that  the  Board  of  Public  Works  may  postpone 
or  continue  the  sale  from  day  to  day  until  the  property  is  sold. 
Each  lot,  piece  or  parcel  of  land  separately  assessed  must  be 
offered  for  sale  separately,  and  the  person  who  will  take  the  least 
quantity  of  land,  and  then  and  there  pay  the  amount  of  the  assess- 
ment, penalty  and  costs  due,  including  fifty  cents  to  the  Board  of 
Public  Works  for  a  certification  of  sale,  shall  become  the  purchaser. 
In  case  there  is  no  purchaser,  for  any  lot,  piece  or  parcel  of  land 
so  offered  for  sale,  the  same  shall  be  struck  off  to  the  said  City  and 
County  of  San  Francisco,  as  purchaser,  and  the  Board  of  Super- 
visors shall  appropriate  out  of  the  general  fund  of  the  treasury 
the  amount  then  due  against  the  lot,  piece  or  parcel  of  land,  and 
shall  order  the  County  Treasurer  to  place  the  same  in  the  special 
fund  for  such  improvement.  No  charge  shall  be  made  for  the 
certificate  of  sale  when  the  said  City  and  County  of  San  Francisco 
is  the  purchaser. 

Fourth — After  making  the  sale,  the  Board  of  Public  Works  must 
execute,  in  duplicate,  a  certificate  of  sale  setting  forth  a  descrip- 
tion of  the  property  sold,  the  name  of  the  owner  thereof,  as  given 
on  the  assessment  roll,  that  said  property  was  sold  for  a  delinquent 
assessment  (specifying  the  improvement  for  which  the  same  was 
made),  the  amount  for  which  such  property  was  sold,  the  date  of 
sale,  the  name  of  the  purchaser,  and  the  time  when  the  purchaser 
will  be  entitled  to  a  deed.  The  Board  of  Public  W^orks  must  file 
one  copy  of  such  certificate  in  its  office  and  deliver  the  other  to 
the  purchaser,  or  if  the  said  City  and  County  of  San  Francisco  is 
the  purchaser,  to  the  Clerk  of  the  Board  of  Supervisors,  who  shall 
file  the  same  in  his  office.  On  the  filing  of  the  copy  of  such  cer- 
tificate in  the  office  of  the  Board  of  Public  Works,  the  lien  of  the 
assessment  shall  vest  in  the  purchaser,  and  is  only  divested  by  a 
redemption  of  the  property,  as  in  this  act  provided.  The  Board 
of  Public  Works  shall  also  enter  on  the  assessment  roll,  opposite 
the  description  of  each  piece  of  property  offered  for  sale,  a  descrip- 
tion of  the  part  thereof  sold,  the  amount  for  which  the  same  was 
sold,  the  date  of  the  sale,  and  the  name  of  the  purchaser. 


Article  VI,  Chapter  III.    Department  of  Public  Works.     107 

Fifth — A  redemption  of  any  parcel  of  property  sold  for  delin- 
quent assessment  may  be  made  by  any  party  in  interest,  at  any 
time  prior  to  the  execution  and  delivery  of  a  deed  therefor,  by  pay- 
ing to  the  Board  of  Public  Works  the  amount  for  which  the 
property  was  sold,  and  in  addition  thereto,  ten  per  cent  thereon 
if  paid  within  three  months  after  the  date  of  the  sale;  twenty  per 
cent  if  paid  within  six  months ;  thirty  per  cent  if  paid  within  nine 
months;  forty  per  cent  if  paid  within  twelve  months,  or 
fifty  per  cent  if  paid  at  any  time  after  twelve  months. 
When  redemption  is  made,  the  Board  of  Public  Works  shall  note 
that  fact  on  the  duplicate  certificate  of  sale  on  file  in  its  office,  and 
deposit  the  amount  paid  with  the  County  Treasurer,  who  shall 
credit  the  purchaser  named  in  the  certificate  of  sale  with  the  said 
amount  and  pay  the  same  to  such  purchaser,  or  his  assignee,  upon 
the  surrender  of  the  certificate  of  sale,  and  upon  satisfactory  proof 
of  assignment  thereof,  if  any.  When  the  said  City  and  County 
of  San  Francisco  is  the  purchaser,  the  County  Treasurer  shall 
notify  the  Clerk  of  the  Board  of  Supervisors  of  the  redemptions, 
and  such  Clerk  shall  thereupon  cancel  the  certificate  of  sale  on  file 
in  his  office. 

Sixth — At  any  time  after  the  expiration  of  twelve  months  from 
the  date  of  the  sale,  the  Board  of  Public  Works  must  execute  to 
the  purchaser,  or  his  assignee,  on  his  application,  if  such  purchaser 
or  assignee  has  complied  with  the  provisions  of  this  section,  a  deed 
of  the  property  sold,  in  which  shall  be  recited  substantially  the 
matters  contained  in  the  certificate,  also  any  assignment  thereof 
and  the  fact  that  no  person  has  redeemed  the  property.  The 
Board  of  Public  Works  shall  receive  from  the  applicant  for  the 
deed,  one  dollar  for  making  such  deed,  unless  the  said  City  and 
County  of  San  Francisco  is  the  purchaser,  in  which  case  no  charge 
shall  be  made  therefor. 

Seventh — The  deed  of  the  Board  of  Public  Works  shall  be  prima 
facie  evidence  of  the  truth  of  all  matters  recited  therein  and  of 
the  regularity  of  all  proceedings  hereunder  prior  to  the  execution 
thereof,  and  of  title  in  the  grantee.  It  shall  be  conclusive  evidence 
of  the  necessity  of  taking  or  damaging  the  lands  taken  or  damaged, 
and  of  the  necessity  of  the  improvement  and  work  and  of  the 
correctness  of  the  compensation  awarded  for  lands  taken  or  dam- 
aged. 

Eighth — The  Board  of  Public  Works  shall  from  time  to  time  pay 
over  to  the  County  Treasurer  all  moneys  collected  by  the  Board 
on  account  of  any  assessments  made  under  the  provisions  hereof. 
The  County  Treasurer  shall,  on  receipt  thereof,  place  the  same  in 
a  special  fund,  designating  such  fund  by  the  name  of  the  street, 
avenue,  square,  lane,  alley,  court  or  place  for  the  widening,  open- 
ing or  other  improvements  for  which  the  assessment  was  made. 
Payment  sliall  be  made  from  said  fund  to  the  parties  entitled 
thereto  upon  warrants  signed  by  the  members  of  the  Board  of 


108  Charter  of  the  City  and  County  of  San  Francisco. 

Public  Works,  With  respect  to  all  matters  provided  for  or  pre- 
scribed by  this  section  to  be  done  or  performed  by  said  Board  of 
Public  Works,  the  majority  of  said  Board  may  act. — As  amended 
December  10,  1912;  approved  by  the  Legislature  March  28,  1913 
(Statutes,  1913,  page  1602). 

Payment   of    Damages   Awarded. 

Sec.  15.  When  sufficient  money  is  in  the  hands  of  the  Treas- 
urer, in  the  fund  devoted  to  the  particular  work  or  improvement, 
to  pay  for  the  lands  and  improvements  taken  or  damaged,  and 
when  in  the  discretion  of  the  Board  of  Public  Works  the  time  shall 
have  come  to  make  payments,  it  shall  be  the  duty  of  said  Board 
to  notify  the  owner,  possessor  or  occupant  of  any  land  or  improve- 
ments thereon  to  whom  damages  shall  have  been  awarded,  that  a 
warrant  has  been  drawn  for  the  payment  of  the  same,  and  that 
he  can  receive  such  warrant  at  the  office  of  said  Board  upon  ten- 
dering a  conveyance  of  any  property  to  be  taken ;  such  notification, 
except  in  the  case  of  unknown  owners,  to  be  made  by  depositing  a 
notice,  postage  paid,  in  the  Postoffice,  addressed  to  his  last  known 
place  of  abode  or  residence.  If  at  the  expiration  of  thirty  days 
after  the  deposit  of  such  notice  he  should  not  have  applied  for 
such  warrant,  and  tendered  a  conveyance  of  the  land  to  be  taken, 
the  warrant  so  drawn  shall  be  deposited  with  the  Treasurer  and 
shall  be  delivered  to  such  owner,  possessor,  or  occupant  upon 
tendering  a  conveyance  as  aforesaid,  unless  judgment  of  condem- 
nation shall  be  had,  when  the  same  shall  be  canceled. 

Eminent    Domain.      Deficiency    in    Fund. 

Sec.  16.  If  any  owner  of  land  to  be  taken  neglects  or  refuses 
to  accept  the  warrant  drawn  in  his  favor  as  aforesaid,  or  objects 
to  the  report  as  to  the  necessity  of  taking  his  land,  the  Board 
of  Public  Works  shall  report  such  facts  to  the  Supervisors,  who 
shall  thereupon  cause  proceedings  to  be  taken  for  the  condem- 
nation thereof,  as  provided  by  law  under  the  right  of  eminent 
domain.  The  complaint  may  aver  that  it  is  necessary  for  the 
city  to  take  or  damage  and  condemn  the  said  lands,  or  an  ease- 
ment therein,  as  the  case  may  be,  without  setting  forth  the  pro- 
ceedings herein  provided  for,  and  the  resolution  and  ordinance 
ordering  said  work  to  be  done  shall  be  conclusive  evidence  of 
such  necessity.  Such  proceedings  shall  be  brought  in  the  name 
of  the  City  and  County,  and  have  precedence,  so  far  as  the  busi- 
ness of  the  court  will  permit,  and  any  judgment  for  damages 
therein  rendered  shall  be  payable  out  of  such  portion  of  the  spe- 
cial fund  as  may  remain  in  the  treasury,  so  far  as  the  same  can 
be  applied.  At  any  time  after  trial  and  after  judgment  has  been 
entered,  or  preceding  an  appeal,  the  court  may  order  the  Treas- 
urer to  set  apart  in  the  treasury,  a  sufficient  sum  from  the  fund 
appropriated  to  the  particular  improvement  to  answer  the  judi^- 
ment  and  all  damages,  and  thereupon  may  authorize  and  order 
the  City  and  County  to  enter  upon  the  land  and  proceed  with 


Article  VI,  Chapter  III.    Department  of  Public  Works.     109 

Ihe  proposed  work  and  improvement.  In  case  of  a  deficiency 
in  said  fund  to  pay  the  whole  of  such  judgment  and  damages,  the 
Supervisors  may,  in  their  discretion,  order  the  balance  thereof 
to  be  paid  out  of  the  general  fund  of  the  treasury  or  to  be  dis- 
tributed by  the  Board  of  Public  Works  over  the  property  by  a 
supplementary  assessment;  but  in  the  last-named  case,  in  order 
to  avoid  delay,  the  Supervisors  may  advance  such  balance  out 
of  any  appropriate  fund  in  the  treasury,  and  reimburse  the  same 
from  the  collections  of  the  assessment.  Pending  the  collection  and 
payment  of  the  amount  of  the  judgment  and  damages,  the  court 
may  order  such  stay  of  proceedings  as  may  be  necessary. 

Payment   of   Warrants. 

Sec.  17.  The  Treasurer  shall  pay  such  warrants  out  of  the 
appropriate  fund,  and  not  otherwise,  in  the  order  of  their  pres- 
entation, provided,  that  warrants  for  land  or  improvements  taken 
or  damaged  shall  have  priority  over  warrants  for  charges  and 
expenses,  and  the  Treasurer  shall  see  that  sufficient  money  is  and 
A'emains  in  the  fund  to  pay  all  warrants  of  the  first  class  before 
paying  any  of  the  second. 

Supplementary   Assessment. 

Sec.  18.  If  after  the  sale  of  property  for  delinquent  assess- 
ments there  should  be  a  deficiency,  and  there  should  be  un- 
reasonable delay  in  collecting  the  same,  or  if  for  the  purpose  of 
equalizing  the  assessments  supplying  a  deficiency,  or  for  any 
cause  it  appears  desirable,  the  Board  of  Public  Works  may  so 
report  to  the  Supervisors,  who  may  order  them  to  make  a  sup- 
plementary assessment  and  report  the  same  in  manner  and  form 
as  the  original,  and  subject  to  the  same  procedure.  If  by  reason 
of  such  supplementary  assessment,  or  for  any  cause,  there  should 
be  at  any  time  a  surplus,  the  Supervisors  may  appropriate  the 
same  and  declare  a  dividend  pro  rata  to  the  parties  paying  the 
same,  and  they,  upon  demand,  shall  have  the  right  to  have  the 
amount  of  such  pro  rata  dividends  refunded  to  them,  or  credited 
upon  any  subsequent  assessment  for  taxes  made  against  said  par- 
ties in  favor  of  said  City  and  County. 

Defective  Titles. 

Sec.  19.  If  any  title  attempted  to  be  acquired  by  virtue  of 
this  Act  shall  be  found  to  be  defective  from  any  cause  the  Su- 
pervisors may  again  institute  proceedings  to  acquire  the  same 
as  in  this  Chapter  provided,  or  otherwise,  or  may  authorize  the 
Board  of  Public  Works  to  purchase  the  same  and  include  the  cost 
thereof  in  a  supplementary  assessment,  as  provided  in  the  last 
section. — The  entire  20  original  sections  of  Chapter  III  were  re- 
pealed and  the  foregoing  19  sections  of  the  same  Chapter  were 
substituted  in  lieu  thereof  by  amendment  November  5,  1907 ;  ap- 
proved by  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907,  pages  48-54). 


110  Charter  of  the  City  and  County  of  San  Francisco. 

Panama    Exposition    May    Close    Streets. 

Sec.  20.  The  Panama-Pacific  International  Exposition  Com- 
pany (a  corporation  organized  under  the  laws  of  the  State  of 
California,  March  22nd,  1910)  is  authorized  to  temporarily  close 
streets  in  the  City  and  County  westerly  from  Twentieth  avenue, 
for  the  purpose  of  an  exposition  to  celebrate  the  completion  of 
the  Panama  Canal,  and  may  have  exclusive  possession  and  use 
of  said  streets  so  closed  for  such  exposition  purposes,  such  pos- 
session and  use  of  said  streets  to  terminate  not  later  than  one 
year  after  the  closing  of  such  exposition;  provided  that  no  street 
shall  be  closed  as  in  this  section  provided  until  after  said  exposition 
company  shall  have  acquired  for  such  exposition  purposes,  all  of 
the  lands  held  in  private  ownership  fronting  on  said  street,  or  por- 
tion of  street,  so  closed. — Neiv  section  added  by  amendment  Novem- 
ber 15, 1910;  approved  by  the  Legislature  February  17,  1911  (Stat- 
utes, 1911,  pa,ge  1661). 

CHAPTER  IV. 

SEWERS    AND    DRAINAGE. 
General    Drainage   System. 

Section  1.  The  Board  of  Public  Works  shall  devise  a  general 
system  of  drainage,  which  shall  embrace  all  matters  relative  to 
the  thorough,  systematic  and  effectual  drainage  of  the  City  and 
County,  and  shall  from  time  to  time  make  to  the  Supervisors  such 
recommendations  upon  the  subject  of  sewerage  and  drainage  as 
it  may  deem  proper. 

Powers   of    Board. 

See.  2.  The  Board  shall  prescribe  the  location,  form  and  ma- 
terial to  be  used  in  the  construction,  reconstruction  and  repair- 
ing of  all  public  sewers,  manholes,  sinks,  drains,  cesspools,  and 
all  other  appurtenances  belonging  to  the  drainage  system,  and 
of  every  private  drain  or  sewer  emptying  into  a  public  sewer, 
and  determine  the  place  and  manner  of  the  connection. 

Rules   and    Regulations. 

Sec.  3.  The  Board  shall  recommend  to  the  Supervisors  rules 
and  regulations  concerning  the  public  and  private  sewers  and  drains 
in  the  City  and  County,  and  upon  recommendation  of  said  Board, 
the  Supervisors  are  authorized  to  pass  an  ordinance  establishing 
the  same  and  prescribing  the  penalties  for  any  violation  thereof. 

Permits   to    Make    Connections. 

Sec.  4.  No  person  shall  connect  with,  or  open  or  penetrate,  any 
public  sewer  or  drain  without  first  obtaining  a  permit  in  writing 
from  said  Board,  and  complying  with  the  rules  and  regulations  of 
the  Board  in  reference  thereto. 


Article  VI,  Chapter  IV.    Department  of  Public  Works.     Ill 

Recommendations    by    Board. 

Sec.  5.  The  Board  may  also  recommend  to  the  Supervisors 
the  construction  of  such  canals,  sewers,  tunnels,  ditches,  drains, 
embankments,  reservoirs,  pumping  works,  machinery  and  other 
works  necessary  for  the  proper  and  effectual  drainage  of  the  City 
and  County,  together  with  plans  for  connecting  the  same  with 
sewers  and  private  drains  already  constructed  or  thereafter  to 
be  constructed. 

Purchase   of   Property. 

Sec.  6.  The  Supervisors  may,  upon  the  recommendation  of  the 
Board  of  Public  Works,  by  ordinance  passed  by  not  less  than  four- 
teen affirmative  votes,  authorize  the  purchase  of  any  personal  prop- 
erty or  the  acquisition  by  purchase  or  condemnation  of  any  real 
estate  which  may  be  necessary  for  the  construction  of  any  sewer 
or  the  making  of  any  improvement  provided  for  in  this  Chapter. 

Agreement    on    Damages. 

Sec.  7.  The  Board  may,  with  the  like  approval  of  the  Super- 
visors, agree  with  the  owners  of  any  real  estate,  upon  which  it  is 
deemed  desirable  to  construct  any  sewer  or  other  improvement 
relative  to  sewerage  or  drainage,  upon  the  amount  of  damage  to 
be  paid  to  such  owners  for  the  purpose  of  such  improvement  and 
for  the  perpetual  use  of  said  real  estate  for  such  purpose. 

Power    to    Construct    Works. 

Sec.  8.  The  Board  may,  when  authorized  by  ordinance  of  the 
Supervisors  passed  by  not  less  than  fourteen  affirmative  votes, 
construct  such  sewers,  reservoirs  and  pumping  works  as  may  be 
necessary  to  carry  out  the  general  system  of  sewerage  for  the 
City  and  County. 

Condemnation    of    Property.      Proceedings. 

Sec.  9.  When,  upon  the  recommendation  of  the  Board  of 
Public  Works,  the  Supervisors  shall  determine  upon  any  im- 
provement for  the  purpose  of  sewerage  and  drainage  which  neces- 
sitates the  acquisition  or  condemnation  of  private  property, 
and  the  Board  is  unable  to  agree  with  the  owner  thereof,  upon 
the  amount  of  compensation  or  damages  to  be  paid  therefor,  or 
when  such  owner  is  in  any  way  incapable  of  making  any  agree- 
ment in  reference  thereto,  and  in  all  cases  in  which  the  Board 
shall  deem  it  most  expedient,  it  shall,  when  authorized  by  the 
Supervisors  expressed  by  ordinance,  have  the  right  to  cause  said 
property  to  be  condemned,  and  to  institute  proceedings  for  the 
condemnation  of  such  property,  or  for  the  ascertainment  of  such 
damages  in  the  manner,  so  far  as  the.  same  may  be  applicable, 
which  is  provided  in  this  Article  for  the  condemnation  of  real 
(.state  when  necessary  for  the  opening  of  any  new  street. 


112  Charter  of  the  City  and  County  of  San  Francisco. 

CHAPTER     V. 

HARBORS  AND  WHARVES. 
Supervisors   to    Control    Wharves   and    Harbor. 

Section  1.  All  the  Wharves,  Water  Front  and  Harbor  of  San 
Francisco  which  now  belong  or  may  hereafter  belong  to  the  City 
and  County,  or  over  which  it  may  at  any  time  lawfully  exercise 
jurisdiction  and  control,  shall  be  under  the  management  and  con- 
trol of  the  Supervisors.  All  said  wharves  shall  be  built  and 
repaired  by  the  Board  of  Public  Works,  after  proceedings  had  as 
provided  in  this  Article  for  the  improvement  or  repair  of  public 
buildings. 

Tolls    to    Be    Regulated    by    Ordinance. 

Sec.  2.  The  Supervisors  shall  by  ordinance  fix  and  regulate 
the  tolls  for  wharfage  and  dockage,  and  shall  provide  for  the  col- 
lection of  the  same,  except  where  the  wharves  are  under  the  ju- 
risdiction of  the  Board  of  State  Harbor  Commissioners,  or  may 
provide  that  no  charges,  tolls,  dockage  or  wharfage  be  imposed 
or  collected.  The  Supervisors  shall  not  have  power  to  dispose 
of  any  wharf,  but  they  may  lease  any  wharf  for  a  term  not 
exceeding  two  years. 

CHAPTER     VI. 

RELATING     TO     THE     MODIFICATION     OR     CHANGE     OF     STREET 

GRADES   AND  THE    PERFORMANCE   OF  STREET   WORK 

IN    CONNECTION    THEREWITH. 

Street   Grades,    How    May    Be    Changed. 

Section  1.  The  Board  of  Supervisors  is  hereby  empowered, 
on  the  written  recommendation  of  the  Board  of  Public  Works, 
to  change  or  modify  the  grade  of  any  public  street,  avenue,  lane, 
alley,  place  or  court  to  the  grade  set  out  in  such  recommenda- 
tion and  to  regrade,  repave,  sewer,  sidewalk,  curb  or  otherwise 
improve  the  same,  so  as  to  conform  to  such  change  or  modified 
grade  in  the  manner  as  hereinafter  provided.  Before  any  change 
of  grade  is  attempted,  the  Board  of  Supervisors  shall  pass  a  reso- 
lution of  intention  to  make  such  change  or  modification  of  grade, 
and  it  shall  in  the  same  resolution,  when  regrading,  repaving, 
sidewalking,  sewering,  curbing  or  other  improvement  on  such 
street  or  streets  is  contemplated  in  connection  therewith,  define 
and  establish  the  district  benefited  and  to  be  assessed  for  the  pay- 
ment of  damages  and  for  the  expense  of  regrading,  repaving, 
sewering,  sidewalking,  curbing,  or  otherwise  improving  such 
street  or  streets  so  as  to  conform  with  such  change  or  modified 
grade ;  and  it  shall  have  power  at  the  same  time  and  in  the  same 
resolution  to  provide  for  the  actual  cost  of  performing  the  work 
of  regrading,  repaving,  sewering,  sidewalking,  curbing  or  other- 
wise improving  such  street  or  streets  or  portion  or  portions  there- 
of with  the  same  or  other  material  with  which  it  was  formerly 


Article  VI,  Chapter  VL    Department  of  Public  Works.     113 

graded,  paved,  sewered,  sidewalked,  curbed  or  otherwise  im- 
proved, briefly  describing  the  work  to  be  done  and  providing  that 
the  cost  of  the  same  shall  also  be  assessed  upon  the  same  district 
which  is  declared  to  be  benefited  by  such  change  or  modified 
grade.  When  a  change  or  modification  of  grade  or  grades  is 
proposed  to  be  made  upon  a  street,  avenue,  alley,  lane,  court  or 
place,  which  has  already  been  sewered,  paved,  curbed  or  graded, 
no  such  change  or  modification  of  such  grade  or  grades  shall  be 
made  unless  provision  shall  also  be  made  for  the  resewering, 
repaving,  recurbing  or  regrading  of  such  street,  avenue,  alley, 
lane,  court  or  place.  One  or  more  streets  or  blocks  of  streets 
may  be  embraced  in  the  same  resolution.  Such  resolution  shall 
be  published  in  the  official  newspaper.  Such  publication  shall  be 
made  for  ten  days,  and  shall  describe  the  proposed  change  or 
modification  of  grade,  and  when  such  resolution  contemplates 
such  work  it  shall  describe  the  regrading,  repaving,  sewering, 
sidewalking,  curbing  or  other  improvement  so  contemplated,  and 
shall  set  forth  and  describe  the  district  to  be  benefited  by  such 
change  or  modification  of  grade  or  regrading,  repaving,  sewer- 
ing, sidewalking,  curbing  or  other  improvement,  and  to  be  as- 
sessed for  the  damages  and  cost  of  making  the  same.  Within 
ten  days  after  the  first  publication  of  the  resolution  of  intention 
the  Board  of  Public  Works  shall  cause  to  be  conspicuously 
posted  along  all  streets  within  the  district  defined  in  the  resolu- 
tion, or,  when  no  such  district  is  defined,  along  the  street  or 
streets  upon  which  such  change  or  modification  of  grade  or 
grades  is  contemplated,  notice  of  the  passage  of  said  resolution. 
Said  notices  shall  be  posted  not  more  than  one  hundred  feet 
apart  and  shall  be  headed  "Notice  of  Grade  Change"  or  ''Notice 
of  Grade  Change  and  Street  Work,"  as  the  case  may  be,  in  letters 
not  less  than  two  inches  in  length,  and  shall,  in  legible  charac- 
ters, state  the  fact  of  the  passage  of  the  resolution,  its  date,  the 
fact  of  the  proposed  grade  change,  and,  if  any,  briefly  the  work 
or  improvement  proposed,  and  refer  to  the  resolution  for  further 
particulars.  When  no  improvements  are  provided  for  in  connec- 
tion with  the  said  change  or  changes  of  grade  or  grades,  if  no  pro- 
test of  the  owners  of  two-thirds  of  the  property  fronting  on  the 
street  or  streets,  the  errade  or  grades  of  which  is  to  be  changed 
or  modified,  shall  be  filed  with  the  Clerk  of  the  Board  of  Super- 
visors within  forty  days  from  the  first  publication  of  the  resolu- 
tion of  intention  hereinbefore  mentioned,  the  Board  of  Super- 
visors shall  have  power  to  declare  such  grade  or  grades  to  be 
changed  or  modified  and  established,  in  conformity  with  said 
resolution ;  and  when  such  improvement  or  improvements  are 
contemplated  in  connection  with  such  chansre,  or  changes  of 
grade  or  grades,  if  no  protest  of  the  owners  of  a  majority  of  the 
superficial  area  of  the  property  included  within  the  assessment 
district  defined  in  said  resolution  of  intention  shall  be  filed  with 
the  Clerk  of  the  Board  of  Supervisors  within  forty  days  from 
the  first  publication  of  said  resolution  hereinbefore  mentioned. 


114  Charter  of  the  City  and  County  of  San  Francisco. 

the  Board  of  Supervisors  shall  also  have  the  power  to  order  any 
of  the  work  contemplated  therein  to  be  done,  and  such  street  or 
streets  to  be  regraded,  repaved,  sewered,  sidewalked,  curbed  or 
otherwise  improved  in  conformity  therewith. 

Owner   May    File    Estimate   of   Damages. 

Sec.  2.  In  case  the  resolution  of  intention  provides  for  regrad- 
ing,  repaving,  sewering,  sidewalking,  curbing  or  otherwise  improv- 
ing said  street  or  streets,  to  said  changed  or  modified  grade, 
any  person  owning  property  fronting  upon  said  portions  of  the 
street  or  streets  where  such  street  work  is  to  be  done,  may 
file  a  petition  with  the  Board  of  Public  Works  within  sixty  days 
after  the  first  publication  of  said  resolution  of  intention,  showing 
the  fact  of  such  ownership,  a  description  and  situation  of  the 
property  claimed  to  be  damaged,  its  market  value,  and  the  esti- 
mated amount  of  damages  over  and  above  all  benefits  which  the 
property  would  sustain  by  the  proposed  change  if  completed. 
Such  petition  shall  be  verified  by  the  oath  of  the  petitioner  or  his 
agent.  A  failure  so  to  petition  shall  be  deemed  and  treated  as 
a  waiver  of  any  claim  for  such  damage  or  damages,  and  said  reso- 
lution of  intention  shall  so  declare. 

Board   Shall    Estimate   Costs. 

Sec.  3.  Whenever  such  petition  or  petitions  have  been  filed, 
the  Board  of  Public  Works  shall  estimate  and  assess  the  benefits, 
damages  and  costs  of  the  proposed  work  or  improvement  upon 
each  separate  lot  of  land  situated  within  such  assessment  district 
as  said  lot  appears  of  record  upon  the  last  City  and  County  assess- 
ment roll. 

Power   to    Subpoena    Witnesses. 

Sec.  4.  The  Board  of  Public  Works  shall  have  power  to  sub- 
poena witnesses  to  appear  before  them  to  be  examined  under 
oath,  which  any  member  of  the  Board  of  Public  Works  is  author- 
ized to  administer. 

Assessment   of   Costs. 

Sec.  5.  The  Board  of  Public  Works  having  determined  the 
damages  which  would  be  sustained  by  each  petitioner,  in  excess  of 
all  benefits,  shall  proceed  to  assess  the  total  amount  thereof, 
together  with  the  costs,  charges  and  expenses  of  the  proceedings, 
upon  the  several  lots  of  land  benefited  within  the  district  of  assess- 
ment, so  that  each  of  the  lots  shall  be  assessed  in  accordance  with 
its  benefits  caused  by  such  work  or  improvements. 

Report  of   Board   of   Public   Works. 

Sec.  6.  The  Board  of  Public  Works  shall  make  their  report 
in  writing,  and  shall  subscribe  to  and  file  the  same  with  the  Board 
of  Supervisors.  In  such  report  they  shall  describe  separately 
each  piece  of  property  which  will  sustain  damage  and  for  which 


Article  VI,  Chapter  VI.    Department  of  Public  Works.     115 

damages  have  not  been  waived,  stating  the  name  of  the  owner,  if 
known,  and  the  amount  of  damages  each  will  sustain  over  and 
above  all  benefits.  They  shall  also  describe  separately  each  lot 
benefited  within  said  assessment  district,  the  name  of  the  owner, 
if  known,  and  the  amount  of  benefits  in  excess  of  the  damages 
assessed  against  the  same.  In  describing  the  lots  to  be  assessed, 
reference  may  be  had  to  a  diagram  of  the  property  in  such  assess- 
ment district,  such  diagram  to  be  attached  to  and  made  a  part 
of  the  report  of  the  Board  of  Public  Works.  If  in  any  case  the 
Board  of  Public  Works  shall  find  that  conflicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  of  the  ownership  of  any  lot 
of  land,  or  any  improvement  thereon,  or  any  interest  therein,  it 
shall  be  set  down  as  belonging  to  unknown  owners.  Error  in 
designation  of  the  owner  or  owners  of  any  land  or  improvement 
or  particulars  of  their  interest,  shall  not  affect  the  validity  of 
the  assessment. 

Notice    of    Filing    of    Report. 

Sec.  7.  On  the  .filing  of  said  report,  the  Clerk  of  the  Board 
of  Supervisors  shall  give  notice  of  such  filing  by  the  publication 
of  a  notice  for  at  least  ten  days  in  the  official  newspaper.  Said 
notice  shall  require  all  persons  interested  to  show  cause,  if  any 
they  have,  before  the  Board  of  Supervisors,  on  a  day  to  be  fixed 
by  the  said  Board  and  stated  in  said  notice,  which  day  shall  not 
be  less  than  twenty  days  from  the  first  publication  thereof,  why 
such  report  should  not  be  confirmed. 

Objections   to    Report. 

Sec.  8.  All  objections  filed  in  response  to  said  notice  to  show 
cause  shall  be  in  writing  and  filed  with  the  Clerk  of  the  Board  of 
Supervisors,  who  shall,  at  the  next  meeting  after  the  date  fixed 
in  the  notice  to  show  cause,  lay  the  said  objections,  if  any, 
before  the  Board  of  Supervisors,  which  shall  fix  a  time  not  less 
than  fifteen  days  thereafter  for  hearing  the  same,  of  which  time 
the  Clerk  shall  notify  the  objectors  by  notice  published  in  the 
official  newspaper  for  a  period  of  five  days  and  by  depositing  a 
notice,  postage  prepaid,  in  the  United  States  Postoffice  at  San 
Francisco,  addressed  to  each  objector  at  his  last  known  place  of 
residence,  at  least  ten  days  before  the  date  of  such  hearing.  At 
the  time  set,  or  at  such  other  time  to  which  the  hearing  may  be 
adjourned,  the  Board  of  Supervisors  shall  hear  such  objections 
and  pass  upon  them,  and  at  such  time  shall  proceed  to  pass  upon 
such  report  and  may  confirm,  correct  or  modify  the  same,  or  may 
order  the  Board  of  Public  Works  to  make  a  new  assessment, 
report  and  plat,  which  shall  be  filed,  notice  given  and  had,  as  in 
the  case  of  the  original  report. 

Repaving   Specifications,   Bids   and   Contracts. 

Sec.  9.  After  the  report  of  the  Board  of  Public  Works  as  to 
the  damages  caused  by  such  change  of  grade  has  been  finally 
passed  upon  by  the  Board  of  Supervisors,  such  Board  of  Public 


116  Charter  of  the  City  and  County  of  San  Francisco. 

Works  shall  prepare  detailed  plans  and  specifications  subject  to 
the  approval  of  the  Board  of  Supervisors,  for  regrading,  paving, 
sewering,  sidewalking,  curbing  or  otherwise  improving  such  street 
or  streets  as  set  forth  in  said  resolution  of  intention  and  shall 
then  advertise  for  bids  to  perform  the  work  of  regrading,  repav- 
ing,  sewering,  sidewalking,  curbing  or  otherwise  improving  such 
street  or  streets,  as  the  case  may  be,  with  the  same  or  other 
material  with  which  the  same  have  been  formerly  graded,  paved, 
sewered,  sidewalked,  curbed  or  otherwise  improved ;  first  causing 
a  notice,  with  such  specifications  to  be  posted  conspicuously  for 
fifteen  days  in  or  near  the  office  of  the  Board  of  Public  Works, 
inviting  sealed  proposals  or  bids  for  doing  such  work,  and  shall 
also  cause  notice  of  said  work,  inviting  said  proposals  and  refer- 
ring to  the  specifications  posted  and  already  on  file,  to  be  puD- 
lished  five  days  in  the  official  newspaper.  All  proposals  or  bids 
offered  shall  be  accompanied  by  a  check  payable  to  the  order  of 
the  Clerk  of  the  Board  of  Supervisors,  and  certified  by  a  respon- 
sible bank  for  an  amount  which  shall  not  be  less  than  ten  per 
cent  of  the  aggregate  of  the  proposal,  or  by  a  bond  for  said 
amount,  signed  by  the  bidder  and  two  sureties,  who  shall  justify 
under  oath  in  double  said  amount  over  and  above  all  the  statu- 
tory exemptions.  Said  proposals  or  bids  shall  be  delivered  to 
the  Secretary  of  the  Board  of  Public  Works,  and  said  Board  of 
Public  Works  shall,  in  open  session,  examine  and  declare  the 
same;  provided,  however,  that  no  proposal  or  bid  shall  be  received 
unless  accompanied  by  a  check  or  a  bond  satisfactory  to  the 
Board  of  Public  Works.  The  Board  of  Public  Works  may  reject 
any  or  all  bids  and  may  award  the  contract  to  the  lowest  respon- 
sible bidder,  or  may  readvertise  for  proposals  or  bids  for  the 
performance  of  the  work,  as  in  the  first  instance,  and  thereafter 
proceed  in  the  manner  in  this  section  provided ;  all  checks  accom- 
panying bids  shall  be  held  by  the  Secretary  of  the  Board  of 
Public  Works  until  the  successful  bidder  has  entered  into  a 
contract  as  herein  provided,  and  in  case  he  refuses  so  to  do,  then 
the  amount  of  his  certified  check  shall  be  declared  forfeited  to 
the  city  and  shall  be  collected  and  paid  into  its  general  fund,  and 
all  bonds  so  forfeited  shall  be  prosecuted  and  the  amount  thereof 
collected  and  paid  into  the  said  fund.  Notice  of  the  awards  of 
the  contracts  shall  be  published  and  posted  in  the  same,  manner 
as  hereinbefore  provided  for  the  advertising  for  proposals  of  such 
work.  Before  being  entitled  to  a  contract,  the  successful  bidder 
must  advance  to  the  Secretary  of  the  Board  of  Public  Works, 
for  payment  by  him,  the  cost  of  publication  of  the  notices,  resolu- 
tions, orders,  or  the  incidental  expenses  and  matters  required 
under  the  proceedings  described  by  this  Chapter. 

Distribution    of   Assessment  of  Costs, 

Sec.  10.  After  such  contract  has  been  awarded  and  entered 
into,  the  Board  of  Public  Works  shall  proceed  to  assess  the  cost 
and  expense  of  doing  such  work  upon  all  the  lots  and  land  lying 


Article  VI,  Chapter  VI.    Department  of  Public  Works.     117 

within  the  district  to  be  assessed,  distributing  the  same  so  that 
each  lot  will  be  assessed  for  its  proportion  of  the  same  according 
to  the  benefits  it  receives  from  the  work.  The  Board  of  Public 
Works  in  making  such  assessment  shall  also  include  therein  the 
total  amount  for  which  each  lot,  or  tract  is  assessed  for  the  dam- 
ages resulting  from  the  regrading,  repaying,  sewering,  sidewalk- 
ing,  curbing  or  otherwise  improving  such  street  or  streets; 
provided,  no  assessment  for  such  damages  and  cost  and  the  expense 
of  such  work  shall  be  levied  upon  any  property  which  will  amount 
to  a  sum  greater  than  50  per  centum  of  the  value  at  which  said 
property  was  assessed  upon  the  last  preceding  assessment  book 
of  the  City  and  County. 

Assessment  Roll,  What  Constitutes. 

,Sec.  11.  The  Secretary  of  the  Board  of  Public  Works  shall 
forward  to  the  Board  of  Supervisors  a  certified  copy  of  the  report 
and  assessment  as  finally  adopted  by  the  Board  of  Public  Works, 
whereupon  such  report  and  assessment  shall  be  changed,  modified 
or  confirmed  by  the  Board  of  Supervisors,  and  upon  such  modi- 
fication, change  or  confirmation  thereof,  shall  be  returned  to  the 
Board  of  Public  Works  and  shall  thereupon  be  the  assessment 
roll.  Immediately  upon  receipt  thereof  by  the  Board  of  Public 
Works,  the  assessment  therein  contained  shall  become  due  and 
payable  and  shall  be  a  lien  upon  all  the  property  contained  or 
described  therein. 

Publication  of  Notice  of  Assessment.     Delinquent  Assessments. 

Sec.  12.  The  Board  of  Public  Works  shall  thereupon  give 
notice  by  publication  for  ten  days  in  the  official  newspaper,  that 
it  has  received  said  assessment  roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  are  to  be  made  to  the  Board 
of  Public  Works  within  thirty  days  from  the  date  of  the  first 
publication  of  said  notice.  Said  notice  shall  also  contain  a  state- 
ment that  all  assessments  not  paid  before  the  expiration  of  said 
thirty  days  will  be  declared  to  be  delinquent ;  that  thereafter  the 
sum  of  five  per  cent  upon  the  amount  of  said  delinquent  assess- 
ment, together  with  the  cost  of  advertising  each  delinquent  assess- 
ment, will  be  added  thereto.  When  payment  of  any  assessment 
is  made  to  said  Board  of  Public  Works,  the  Secretary  thereof 
shall  write  the  word  ''paid"  and  the  date  of  payment  opposite 
the  respective  assessments  so  paid,  and  the  name  of  the  per- 
son by  or  for  whom  the  said  assessment  is  paid,  and  shall  give  a 
receipt  therefor.  On  the  expiration  of  said  thirty  days  all  assess- 
ment then  unpaid  shall  be  and  become  delinquent  and  the  Secre- 
tary of  the  said  Board  of  Public  Works  shall  certify  such  fact 
at  the  foot  of  said  assessment  roll,  and  shall  add  five  per  cent 
to  the  amount  of  each  assessment  so  delinquent.  The  said  Secre- 
tary of  the  Board  of  Public  Works  shall,  within  five  days  from 
the  date  of  such  delinquency,  proceed  to  advertise  the  various 
sums  delinquent  and  the  whole  thereof,  including  the  cost  of 


118  Charter  of  the  City  and  County  of  San  Francisco. 

advertising,  which  shall  not  exceed  the  sum  of  fifty  cents  for  each 
lot,  piece  or  parcel  of  land  separately  assessed,  in  the  same  manner 
as  is  or  may  be  provided  for  the  publication  of  the  delinquent 
list  of  State  and  County  taxes;  and  after  the  date  of  said  delin- 
quency and  before  the  time  of  such  sale  therein  provided  for,  no 
assessment  shall  be  received  unless  at  the  same  time  the  five  per 
cent  added  thereto,  as  aforesaid,  together  with  the  cost  of  adver- 
tising already  incurred,  shall  be  paid  therewith.  Said  list  of 
delinquent  assessments,  with  a  notice  of  the  time  and  place  of  sale 
of  property  affected  thereby,  shall  be  published  daily  for  five 
days  in  the  official  newspaper,  before  the  sale  of  property  for 
such  delinquent  assessments.  Said  time  of  sale  must  not  be  less 
than  seven  days  from  the  date  of  the  first  publication  of  said 
delinquent  assessment  list,  and  the  place  must  be  in  or  in  front  of 
the  office  of  the  Secretary  of  the  Board  of  Public  Works.  All 
property  sold  shall  be  subject  to  redemption  for  one  year  and  in 
the  same  manner  as  in  sales  for  delinquent  State  and  County 
taxes;  and  the  Secretary  of  the  Board  of  Public  Works  shall,  if 
there  be  no  redemption,  make  and  deliver  to  the  purchaser  at  such 
sale  a  deed  conveying  the  property  sold  and  may  collect  for  each 
certificate  fifty  cents,  and  for  each  deed  one  dollar.  The  deed 
of  the  Secretary  of  the  Board  of  Public  Works,  made  for  such 
sale,  in  case  of  failure  to  redeem,  shall  be  prima  facie  evidence  of 
the  regularity  of  all  proceedings  thereunder,  and  that  all  title  is 
in  the  grantee.  The  Secretary  of  the  Board  of  Public  Works 
shall,  from  time  to  time,  pay  over  to  the  City  Treasurer  all 
moneys  collected  by  him,  or  by  the  Board  of  Public  Works,  on 
account  of  such  assessments,  which  the  City  Treasurer  shall,  upon 
receipt  thereof,  place  in  a  separate  fund,  designating  each  fund  by 
the  name  of  the  street,  avenue,  square,  lane,  alley,  court  or  place 
for  the  change  of  grade  for  which  the  assessment  was  made.  And 
the  City  Treasurer  shall  transfer  to  said  fund  such  sum  or  sums 
as  the  Supervisors  may  have  ordered  to  be  paid  or  advanced  for 
or  on  account  of  such  improvement  out  of  that  fund  in  the  treas- 
ury of  the  City  and  County  from  which  such  appropriation  is 
made'.  Payment  shall  be  made  from  said  fund  to  the  parties 
entitled  thereto,  upon  w^arrants  issued  by  the  Secretary  of  the 
Board  of  Public  Works  on  order  of  said  Board. 

Notice    of    Payment    of    Damages. 

Sec.  13.  When  sufficient  money  is  in  the  hands  of  the  City 
Treasurer  to  pay  the  total  cost  for  damages,  as  well  as  the  cost 
of  doing  the  work,  and  all  other  expenses  connected  therewith,  it 
shall  be  the  duty  of  the  Board  of  Public  Works  to  notify  the 
owner,  possessor  or  occupant  of  the  premises  damaged,  and  to 
whom  damages  have  been  awarded,  that  a  warrant  has  been  drawn 
for  the  payment  of  the  same,  which  may  be  received  at  the  office 
of  said  Board  of  Public  Works.  Such  notification  may  be  made 
by  depositing  a  notice,  postage  paid,  in  the  United  States  Postoffice, 
at  San  Francisco,  addressed  to  his  last  known  place  of  residence. 


Article  VI,  Chapter  VI.    Department  of  Public  Works.     119 

If,  after  the  expiration  of  thre^  days  from  the  service  or  deposit 
of  the  notice  in  the  Postoffice,  he  shall  not  have  applied  for  such 
warrant,  the  same  shall  be  drawn  and  deposited  with  the  City 
Treasurer  to  be  delivered  to  him  upon  demand. 

Payment  to  Contractor. 

Sec.  14.  After  the  contractor  to  whom  has  been  awarded  the 
contract  for  regrading,  repaving,  sewering,  sidewalking,  curbing, 
or  otherwise  improving  such  street  or  streets,  has  fulfilled  his  con- 
tract to  the  satisfaction  of  the  Board  of  Public  Works  and  the  City 
Engineer  has  certified  to  the  completion  of  said  work,  the  Secretary 
of  the  Board  of  Public  Works,  on  order  of  said  Board,  shall  issue 
a  warrant,  payable  out  of  said  fund,  in  favor  of  such  contractor  in 
payment  for  such  work. 

Supplementary    Assessment    for    Costs. 

Sec.  15.  In  case  of  a  deficiency  of  the  fund  to  pay  the  whole 
assessed  cost  and  damages,  the  Board  of  Supervisors  may  in  its 
discretion,  order  the  balance  thereof  to  be  distributed  by  the  Board 
of  Public  Works  upon  the  property  assessed,  by  supplementary 
assessment,  or  direct  the  payment  of  such  balance  to  be  made  from 
the  City  Treasury;  but  in  the  event  that  a  supplementary  assess- 
ment is  ordered,  in  order  to  avoid  delay,  the  Board  of  Supervisors 
may  advance  such  balance  out  of  any  available  fund  in  the  treasury 
and  reimburse  the  same  from  the  collection  of  assessments.  The 
Treasurer  shall  pay  such  warrants  in  the  order  of  their  presenta- 
tion. 

Cost  of  Work   May   Be   Paid   Out  of  City  Treasury. 

Sec.  16.  The  Board  of  Supervisors  may,  in  its  discretion,  order 
by  ordinance,  that  the  whole  or  any  part  of  the  cost  and  expense 
of  any  of  the  work  hereinbefore  in  this  Chapter  mentioned  or 
the  damages  resulting  therefrom,  be  paid  out  of  the  treasury  of 
the  City  and  County  from  such  fund  as  the  Board  of  Supervisors 
may  designate.  Whenever  a  part  of  such  cost  or  expense  is  so 
ordered  to  be  paid  before  the  making  of  an  assessment  therefor, 
the  Board  of  Public  Works,  in  making  up  the  assessment  hereto- 
fore provided  for  such  cost  or  expense,  shall  first  deduct  from 
the  whole  cost  and  expense  such  part  thereof  as  has  been  so 
ordered  to  be  paid  out  of  the  municipal  treasury,  and  shall  assess 
the  remainder  of  said  cost  and  expense  proportionately  upon  the 
lots,  parts  of  lots  and  lands  in  said  assessment  district,  or  liable 
to  be  assessed  for  such  work,  and  in  the  manner  hereinbefore 
provided. — The  foregoing  Chapter  VI  ivas  added  by  amendment 
Xovember  .5,  1907:  approved  by  the  Legislature  November  23,  1907 
(Statutes  Special  Session,  1907,  pages  41-47). 

Ordinance    May    Provide    Procedure. 

Sec.  17.  The  provisions  in  this  Chapter  relating  to  the  modi- 
fication or  change  of  street  grades  or  the  modification  or  change  of 
such  grades  and  the  performance  of  street  work  in  connection  there- 


120  Charter  of  the  City  and  County  of  San  Francisco. 

with,  shall  not  be  deemed  exclusive,  but  the  Board  of  Supervisors 
by  a  vote  of  at  least  fifteen  members  thereof  may,  and  it  is  hereby 
empowered  so  to  do,  pass  an  ordinance,  which  may  from  time  to  time 
be  revised  or  amended  by  a  like  vote,  providing  for  the  modification 
or  change  of  street  grades,  or  the  modification  or  change  of  such 
grades  and  the  performance  of  street  w^ork  in  connection  therewith, 
and  the  said  Board  in  and  by  such  ordinance  is  authorized  and  em- 
powered to  adopt  a  method  of  procedure  therefor  and  in  accord- 
ance therewith  to  provide  for  and  order  a  modification  or  change  of 
street  grades,  or  a  modification  or  change  of  street  grades  and  the 
performance  of  street  w^ork  in  connection  therewith ;  to  assess,  in 
such  manner  and  by  such  method  as  said  Board  may  in  and  by  such 
ordinance  prescribe  and  provide,  the  damages,  costs  and  expenses 
thereof  upon  lands  in  private  ow^nership  when  the  payment  of  such 
damages,  costs  and  expenses  is  not  otherwise  provided  for  in  such 
ordinance,  and  when  the  payment  of  a  portion  of  such  damages, 
costs  and  expenses  is  so  otherwise  provided  for,  to  assess  the  re- 
mainder thereof  upon  such  lands ;  to  provide  for  the  ascertainment 
and  payment  of  damages  and  for  the  manner  in  which  protests 
against  such  assessment  and  damages  awarded  may  be  heard  and 
determined,  and  for  the  manner  in  which  such  assessment  may  be 
collected  and  paid  and  property  delinquent  thereunder  may  be  sold, 
and  to  prescribe  penalties  for'  failure  to  pay  such  assessment ;  to 
provide  for  a  lien  on  lands  so  assessed  for  the  aforesaid  objects  and 
purposes ;  and  to  provide  for  the  procedure  for  fully  and  completely 
exercising  the  powers  conferred  in  this  section. 

The  Board  of  Supervisors  is  further  empowered  to  provide  in 
feuch  ordinance,  if  it  be  deemed  expedient  by  said  Board,  that  such 
portion  of  any  assessment  levied  in  pursuance  of  such  ordinance 
for  a  modification  or  change  of  street  grades  and  the  performance 
of  street  work  in  connection  therewith,  as  shall  have  been  assessed 
for  the  costs  and  expenses  of  such  street  work  performed,  may  at 
the  option  of  the  ow^ner  of  property  so  assessed,  be  paid  in  install- 
ments covering  a  period  provided  for  in  such  ordinance,  but  not  to 
exceed  ten  years,  upon  such  terms  and  conditions  as  may  in  such 
ordinance  be  provided  and  in  accordance  with  the  method  therein 
prescribed,  but  the  Board  of  Supervisors  shall  not  require  interest 
to  be  paid  on  such  installment  payments  at  a  rate  greater  than  seven 
per  cent  per  annum. 

No  assessment  shall  be  levied  in  pursuance  of  such  ordinance  upon 
any  property  for  the  modification  or  change  of  street  grades  and 
the  performance  of  street  work  in  connection  therewith,  which, 
together  with  all  assessments  for  street  work  or  for  damages  or  for 
both  in  connection  with  the  modification  or  change  of  street  grades 
that  may  have  been  levied  upon  the  same  property  during  the  year 
next  preceding  the  inception  of  the  proceedings  for  such  modifica- 
tion or  change  of  street  grades  and  the  performance  of  street  work 
in  connection  therewith,  will  amount  to  a  sum  greater  than  fifty  per 
centum  of  the  value  at  which  said  property  was  assessed  for  munici- 
pal purposes,  exclusive  of  improvements  thereon,  upon  the  assess- 


Article  VI,  Chapter  VIII.    Department  of  Public  Works.    121 

ment-book  of  the  City  and  County  current  at  the  time  of  the  in- 
ception of  such  proceedings.  Such  limitation  of  assessed  valuation, 
however,  shall  not  apply  to  such  portion  of  any  assessment  made 
payable  in  installments  as  in  this  section  hereinbefore  provided  for ; 
but  in  no  case  shall  any  such  installment  payment  exceed  in  amount 
twenty-five  per  centum  of  such  assessed  valuation. 

The  provisions  of  this  section  shall  not  be  construed  to  limit  or 
restrict  any  method  or  system  enacted  by  any  such  ordinance  as 
herein  provided  for  to  the  provisions  of  such  ordinance  so  enacted, 
and  shall  not  be  held  to  exclude  any  other  method  or  system  pro- 
vided in  this  Charter  for  the  aforesaid  objects  and  purposes. — 
Xew  section  added  by  ajnendmerit ,  November  7,  1916;  approved  by 
the  Legislature  January  18, 1917  (Statutes,  1917,  page  1708). 

CHAPTER  VIII. 

TUNNELS,    SUBWAYS    AND   VIADUCTS. 

Section  1.  The  Board  of  Supervisors  are  hereby  empowered  to 
order  the  construction  of  and  construct  any  tunnel,  subw^ay 
or  viaduct  in,  on,  under  or  over  any  accepted  or  unaccepted 
open  public  street,  avenue,  lane,  alley,  place  or  court  within 
the  City  and  County,  or  any  other  land  of  the  City  and  County,  or 
in,  on,  under  or  over  any  land  or  water  in  which  and  w^here  the 
City  and  County  may  then  have  an  easement  or  right  of  way  there- 
for, and  to  levy  the  damages,  cost  and  expenses  thereof  upon  pri- 
vate property  in  the  manner  and  under  the  procedure  and  powers 
in  Chapter  II  of  this  Article  provided  for  street  work  and  street 
improvement.  Said  method  of  procedure  shall  not  be  deemed  ex- 
clusive, but  the  Board  of  Supervisors  may,  by  an  affirmative  vote 
of  at  least  twelve  of  its  members,  adopt  an  ordinance  which  may 
from  time  to  time  be  revised  or  amended,  providing  a  method  of 
procedure  for  such  improvement,  work  and  assessment  and  for  the 
ascertainment  and  payment  of  damages  and  for  the  manner  in 
which  protests  against  such  assessments  and  damages  awarded  may 
be  heard  and  determined,  and  for  the  manner  in  which  such  assess- 
ment may  be  collected  and  paid  and  property  delinquent  there- 
under may  be  sold,  and  for  the  procedure  for  fully  and  completely 
exercising  the  powers  conferred  in  this  section;  and  in  such  ordi- 
nance, if  said  Board  deems  it  expedient,  provision  may  be  made 
for  the  payment  of  any  assessment  levied  in  pursuance  of  the  pro- 
visions thereof  in  annual  installments  covering  a  term  not  to  exceed 
ten  years  upon  such  conditions  as  to  the  said  Board  may  seem  rea- 
sonable and  just,  the  rate  of  interest  to  be  paid  on  such  payments 
not  to  exceed  seven  per  cent  per  annum. 

Sec.  2.  The  Board  of  Supervisors  are  hereby  empowered  to 
authorize  the  acquisition,  by  purchase  or  condemnation  and  to 
acquire  by  purchase,  or  to  condemn  and  acquire,  any  and  all  land, 
or  any  easement  or  right  of  way  therein,  thereon,  thereunder  or 
thereover,  and  any  property  necessary  and  convenient  for  any 
purpose  mentioned  in  Section  1  of  this  Chapter,  and  to  levy  the 


122  Charter  of  the  City  and  County  of  San  Francisco. 

damages,  costs  and  expenses  thereof  upon  private  property,  in  the 
manner  and  under  the  procedure  and  powers  in  Chapter  III  of  this 
Article  provided,  for  the  opening,  extending,  straightening  and 
closing  up,  in  whole  or  in  part,  of  any  street,  avenue,  lane,  alley, 
court  or  place.  But  said  method  of  procedure  shall  not  be  deemed 
exclusive,  but  the  Board  of  Supervisors  may  by  an  affirmative  vote 
of  at  least  twelve  of  its  members,  adopt  an  ordinance,  which  may 
from  time  to  time  be  revised  or  amended,  providing  a  method  of 
procedure  for  such  acquisition  and  for  the  ascertainment  and  pay- 
ment of  damages  and  for  the  manner  in  which  protests  against 
such  assessments  and  damages  awarded  may  be  heard  and  deter- 
mined, and  for  the  manner  in  which  such  assessment  may  be  col- 
lected and  paid  and  property  delinquent  thereunder  may  be  sold, 
and  for  the  procedure  for  fully  and  completely  exercising  the 
powers  conferred  in  this  section;  and  in  such  ordinance,  if  said 
Board  deems  it  expedient,  provision  may  be  made  for  the  payment 
of  any  assessment  levied  in  pursuance  of  the  provisions  thereof  in 
annual  installments  covering  a  term  not  to  exceed  ten  years  upon 
such  conditions  as  to  the  said  Board  may  seem  reasonable  and  just, 
the  rate  of  interest  to  be  paid  on  such  payment  not  to  exceed  seven 
per  cent  per  annum.  Lands  or  property  which  the  Supervisors 
deem  necessary  to  take  the  place  of  such  portion  of  the  street  or 
streets  as  may  be  used  in  the  construction  of  the  tunnel,  including 
its  portals  and  approaches,  and  to  restore  to  the  street  surface 
travel  thereon  are  hereby  declared  to  be  necessary  and  convenient 
lands  or  property  for  the  purposes  mentioned  in  Section  1. 

Sec.  3.  If  the  Board  of  Supervisors  deems  it  expedient,  the 
construction  and  acquisition  mentioned  in  Sections  1  and  2  of 
this  Chapter  may  be  initiated  and  completed  in  one  proceeding; 
and  in  exercising  the  power  to  provide  by  ordinance  for  methods 
of  procedure  hereinbefore  provided  for  such  ordinance  may  provide 
for  a  single  procedure  for  the  work  mentioned  in  Section  1  and 
the  acquisition  mentioned  in  Section  2  of  this  Chapter.  Any 
existing  ordinance  providing  a  method  of  procedure  for  the  work 
mentioned  in  Section  1  of  this  Chapter  may  be  amended  so  that  it 
may  also  provide  a  method  of  procedure  for  the  acquisition  men- 
tioned in  Section  2  of  this  Chapter.  But  the  Supervisors  may,  in 
any  case,  determine  to  proceed  with  the  work  mentioned  in  Section 
1  hereof  and  wdth  the  acquisition  mentioned  in  Section  2  hereof 
in  separate  proceedings. 

Sec.  4.  The  Board  of  Supervisors  may,  in  its  discretion,  order 
that  the  whole  or  any  part  of  the  costs  and  expenses  of  any  of  the 
work  or  acquisitions  in  Sections  1  and  2  of  this  Chapter  mentioned, 
or  the  damages  resulting  therefrom,  be  paid  out  of  the  treasury  of 
the  City  and  County  from  such  funds  as  the  Board  of  Supervisors 
may  designate.  Such  discretion  may  be  exercised  by  the  Board  of 
Supervisors  at  any  time  prior  to  the  time  of  making  an  assessment 
therefor.  Whenever  a  part  of  such  damages,  cost  or  expense  is  so 
ordered  to  be  paid,  before  the  making  of  an  assessment  therefor, 
the  Board  of  Public  Works,  in  making  up  the  assessment  providing 


Article  VI,  Chapter  VIII.    Department  of  Public  Works.    123 

for  such  damages,  cost  or  expense,  shall  first  deduct  from  the  whole 
damages,  cost  and  expense  such  part  thereof  as  has  been  ordered  to 
be  paid  out  of  the  municipal  treasury  and  shall  assess  the  remainder 
proportionately  upon  the  lots,  parts  of  lots,  and  lands  infthe  assess- 
ment district  or  districts  liable  to  be  assessed  therefor. 

Sec.  5.  No  person,  firm  or  corporation  shall  ever  be  granted  the 
exclusive  right  to  operate  a  street  or  other  railroad  through,  in  or  1  >^ 
under  any  tunnel,  subway  or  viaduct  constructed  or  acquired  under 
the  provisions  of  this  Chapter.  Two  or  more  lines  of  street  rail- 
ways operated  under  different  managements  may  use  the  same  tun- 
nel, subway  or  viaduct  for  the  entire  length  thereof  and  for  five 
consecutive  blocks  approaching  e^ch  end  thereof,  each  management 
paying  an  equal  portion  of  the  expense  for  the  construction,  main- 
tenance and  repairs  of  the  tracks  and  appurtenances  used  by  said 
railways  jointly.  The  City  and  County  in  the  operation  of  a  muni- 
cipal railway  may  use  any  such  tunnel,  subway  or  viaduct  either 
singly  or  jointly  with  any  privately  operated  railway  for  the  entire 
length  thereof  and  for  any  number  of  blocks  approaching  each  end 
thereof;  and  in  case  of  joint  use  of  tracks  shall  pay  an  equal  por- 
tion of  the  expense  for  the  construction,  maintenance  and  repairs 
of  the  tracks  and  appurtenances  used  by  said  railways  jointly. 

Sec.  6.  Two  or  more  tunnels  to  be  constructed  in  pursuance  of 
one  general  plan  may  be  so  constructed  under  one  proceeding  and 
any  or  all  acquisitions  Or  condemnations  of  lands  or  easements  or 
rights  of  way  therein  and  any  property  necessary  and  convenient 
for  the  same  may  be  acquired  or  condemned  in  the  same  proceed- 
ings and  the  property  benefited  may  be  assessed  for  the  costs,  dam- 
ages and  expenses  thereof  according  to  the  benefit  from  such  gen- 
eral plan. 

This  Chapter  amended  December  10,  1912;  approved  hy  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 


124  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  YII. 
,    PUBLIC  SCHOOLS  AND  LIBRARIES. 
CHAPTER  I. 

THE    BOARD    OF    EDUCATION. 
Directors.     Salary.    Term. 

Section  1,  The  School  Department  shall  be  under  the  control 
and  management  of  a  Board  of  Education  composed  of  four  School 
Directors,  who  shall  be  appointed  by  the  Mayor,  and  who  shall  give 
their  entire  time  to  the  duties  of  their  office.  They  shall  each  re- 
ceive an  annual  salary  of  three  thousand  dollars.  They  shall  not 
be  less  than  thirty  years  of  age  and  must  have  been  residents  of 
the  City  and  County  for  at  least  five  years  prior  to  their  appoint- 
ment. The  Board  shall  never  be  so  constituted  as  to  consist  of 
more  than  two  members  of  the  same  political  party.  The  term  of 
office  of  the  Directors  shall  be  four  years.  Those  first  appointed 
shall  so  classify  themselves  by  lot  that  they  shall  respectively  go 
out  of  office  at  the  expiration  of  one,  two,  three  and  four  years. 

President.      Secretary.      Salary. 

Sec.  2.  The  Board  shall  org'anize  by  electing  one  of  its  number 
President,  who  shall  serve  for  one  year  and  until  his  successor  is 
elected.  The  Board  may  elect  a  Secretary  who  shall  not  be  a  mem- 
ber of  the  Board,  and  who  shall  receive  an  annual  salary  of  eighteen 
hundred  dollars. 

Meetings.    Rules. 

Sec.  3.  The  Board  shall  meet  at  least  once  a  week  and  at  such 
other  times  as  it  may  determine.  It  shall  establish  rules  for  its 
proceedings;  but  the  concurrent  vote  of  a  majority  of  its  members 
shall  be  necessary  to  transact  business.  In  every  instance  where  a 
power  is  exercised  under  this  Article  by  the  Board  the  vote  thereon 
shall  be  taken  hy  ayes  and  noes  and  entered  in  the  minutes  of  the 
Board. 

CHAPTER  II. 

SCHOOLS. 
School    Department. 

Section  1.  The  School  Department  shall  comprise  all  the  public 
schools  of  the  City  and  County  and  shall  include  primary  and 
grammar  schools  and  may  include  evening,  deportment,  technical, 
cosmopolitan,  high  and  normal  schools. 

Night  Schools. 

See.  2.  Adults  shall  be  entitled  to  free  instruction  in  the  evening 
schools ;  but  no  child  under  fourteen  years  of  age  shall  be  admitted 
to  such  schools. 


Article  VII,  Chapter  III.    Public  Schools  and  Libraries.    125 
CHAPTER  III. 

POWERS   OF   THE    BOARD  OF    EDUCATION. 
Powers  of    Board    of    Education. 

Section  1.  In  addition  to  the  powers  conferred  by  the  general 
laws  of  the  State,  the  Board  of  Education  shall  have  power : 

Establish   and   Change  Schools. 

1.  To  establish  and  maintain  public  schools  as  provided  in  this 
Article,  and  to  change,  modify,  consolidate  or  discontinue  the  same 
as  the  public  welfare  may  require. 

Teachers.     Salaries.      Promotion   and    Dismissal. 

2.  To  employ  such  teachers  and  persons  as  may  be  necessary 
to  carry  into  effect  its  powers  and  duties;  to  fix,  alter  and  ap- 
prove their  salaries  and  compensation,  and  to  withhold  for  good 
and  sufficient  cause  the  whole  or  any  part  of  the  wages,  salary 
or  compensation  of  any  person  or  persons  employed  as  aforesaid; 
and  to  promote,  transfer  and  dismiss  teachers;  but  no  teacher  in 
the  department  at  the  time  of  the  adoption  of  this  Charter,  or 
who  shall  be  hereafter  appointed,  shall  be  dismissed  from  the  de- 
partment, except  for  insubordination,  immoral  or  unprofessional 
conduct,  or  evident  unfitness  for  teaching.  All  promotions  of 
teachers  shall  be  based  solely  on  merit  and  successful  teaching. 
Nothing  in  this  section  shall  be  construed  to  prevent  the  Board 
from  removing  teachers  holding  only  special  certificates  or  serving 
a  probationary  term.  Charges  against  teachers  must  be  formally 
made  by  the  Superintendent  after  due  investigation,  and  shall  be 
finally  passed  upon  by  the  Board  after  giving  the  accused  teacher 
due  hearing. 

Certificates. 

3.  To  grant,  to  renew  and,  for  the  causes  mentioned  in  Section 
1,  Subdivision  2  of  this  Chapter,  to  revoke  teachers'  certificates. 

Rules  and  Regulations. 

4.  To  establish  and  enforce  all  necessary  rules  and  regulations 
for  the  government  and  efficiency  of  the  schools  and  for  carrying 
into  effect  the  school  system;  to  remedy  truancy;  to  compel  the 
attendance  at  school  of  children  between  the  ages  of  six  and  four- 
teen years  who  may  be  found  idle  in  public  places  during  school 
hours. 

Investigate    Charges. 

5.  To  investigate  charges  against  any  person  connected  with 
or  in  the  employ  of  the  School  Department,  and  to  take  testimony 
in  such  investigations. 

Hold  and   Lease   Property. 

6.  To  receive,  to  take  on  lease  and  to  hold  in  trust  for  the  City 
and  County  any  real  estate  belonging  to  or  claimed  by  the  School 
Department.  To  hold  in  trust  all  personal  property  that  may  have 
been  or  may  hereafter  be  acquired  by  the  School  Department.    Pro- 


126  Charter  of  the  City  and  County  of  San  Francisco. 

vided,  however,  that  the  Panama-Pacific  International  Exposition 
Company  (a  corporation  organized  under  the  laws  of  the  State  of 
California,  March  22,  1910)  is  authorized  to  assume  and  take  over 
the  management  and  control,  and  have  the  exclusive  possession  and 
use,  of  any  lands  belonging  to  or  claimed  by  the  School  Department 
or  by  the  City  and  County,  which  are  situate  westerly  from  Twen- 
tieth avenue,  and  not  in  actual  use,  for  the  purposes  of  an  exposi- 
tionto  celebrate  the  completion  of  the  Panama  Canal,  such  manage- 
ment and  control,  possession  and  use,  to  terminate  not  later  than 
one  year  after  the  closing  of  such  exposition.^ — As  amended  Novem- 
ber 15,  1910;  approved  by  the  Legisla^ture  February  17, 1911  (Stat- 
utes, 1911,  page  1661). 

Census   Marshals. 

7.  On  or  before  the  first  day  in  April  in  each  year,  to  appoint 
School  Census  Marshals,  and  notify  the  Superinlendent  of  Com- 
mon Schools  of  such  appointments.  Any  Census  ]Marshal  found 
incompetent  may  be  discharged  by  the  Superintendent  of  Com- 
mon Schools.  Should  the  Board  fail  or  neglect  to  fill  the  vacancy 
so  caused  within  three  days  thereafter  by  the  appointment  of  a 
person  competent  to  perform  the  duties  of  Census  ^larshal,  such 
vacancy  may  be  filled  by  the  Superintendent  of  Common  Schools. 

Actions. 

8.  To  sue  in  the  name  of  the  City  and  County  for  lots,  lands 
and  property  belonging  to  or  claimed  by  the  School  Department. 
To  prosecute  and  defend  all  actions  at  law  or  special  proceedings 
or  suits  in  equity  concerning  the  enjoyment  and  possession  of  such 
lots,  lands  and  property.  To  require  the  services  of  the  City  Attor- 
ney in  all  actions,  suits  and  proceedings  by  or  against  the  Board  of 
Education. 

Disbursement  of  IVIoneys.     Segregation  of  Fund. 

9.  To  establish  regulations  for  the  disbursement  of  all  moneys 
belonging  to  the  School  Department  or  to  the  Common  School 
Fund,  and  to  secure  strict  accountability  in  the  expenditure  there- 
of;  to  provide  for  the  prompt  payment,  on  not  later  than  the  fiftli 
day  of  every  month,  of  all  salaries  due  and  allowed  officers,  teachers 
and  other  employees  of  the  School  Department.  For  this  purpose 
the  Auditor  shall  annually  segregate  so  much  of  the  Common 
School  Fund  as  shall  not  exceed  tw^enty-eight  dollars  for  each 
pupil  in  average  daily  attendance  in  the  Public  Schools  of  the  City 
and  County  during  the  preceding  fiscal  year.  The  amount  so  seg- 
regated shall  not  be  applied  to  the  payment  of  any  demand  against 
such  Common  School  Fund  during  any  fiscal  year  other  than  for 
salaries,  until  all  salaries  for  that  fiscal  year  have  been  fully  paid 
or  provided  for.  The  Board  shall  ascertain  and  transmit  to  the 
Auditor  on  or  before  the  first  Monday  in  April  of  each  year  an 
estimate  of  the  amount  required  for  such  segregation  within  such 
limit  of  twenty-eight  dollars. 


Article  VII,  Chapter  III.    Public  Schools  and  Libraries.    127 

Demands  to  Be  Filed  and  Signed.     Salary  Roll. 

10.  All  demands  payable  out  of  the  Common  School  Fund  shall 
be  filed  with  the  Secretary  of  the  Board  of  Education,  and  after 
they  have  been  approved  by  the  Board,  they  shall  be  signed  by  the 
President  of  the  Board  and  the  Superintendent  and  sent  to  the 
Auditor.  Every  demand  shall  have  endorsed  upon  it  a  certificate, 
signed  by  the  Secretary,  of  its  approval  by  the  Board  of  Educa- 
tion, showing  the  date  thereof,  and  the  law  authorizing  it  by  title, 
date  and  section.  Every  person  in  the  employ  of  the  School  De- 
partment entitled  to  a  salary  therefrom  shall  receive  a  warrant  for 
the  amount  due  and  approved  by  the  Board,  signed  by  the  Presi- 
dent and  Secretary  thereof.  The  entire  monthly  salary  roll  of  the 
Department  shall  be  made  up  by  the  Secretary  of  the  Board,  and 
after  being  duly  audited  by  the  Finance  Committee  thereof  and 
approved  by  a  majority  of  all  the  members  of  the  Board,  shall  be 
endorsed  in  the  same  manner  as  other  demands.  The  salary  roll 
so  audited,  approved  and  endorsed,  shall  be  immediately  trans- 
mitted to  the  Auditor  not  later  than  the  third  day  of  every  month 
for  comparison  with  the  individual  salary  warrants  issued  in  the 
manner  above  provided;  but  payment  shall  be  made  only  on  the 
individual  warrants  issued  in  accordance  herewith. 

Leasing   of  School    Property. 

11.  To  lease  to  the  highest  responsible  bidder,  for  the  benefit 
of  the  Common  School  Fund,  for  a  term  not  exceeding  thirty-five 
years  any  real  property  of  the  School  Department  not  required  for 
school  purposes ;  but  no  lease  shall  be  made  except  after  advertise- 
ment for  bids  for  at  least  sixty  days  in  the  official  newspaper  and 
one  other  daily  newspaper  of  general  circulation,  published  in  the 
City  and  County,  and  by  an  affirmative  vote  of  at  least  three  mem- 
bers of  the  Board  of  Education  and  approved  by  an  ordinance  of 
the  Board  of  Supervisors,  passed  by  a  vote  of  at  least  fifteen  of  its 
members,  and  approved  by  the  ]\Iayor;  and  provided  that  at  the 
expiration  of  the  term  of  said  lease  all  buildings  and  improvements 
erected  shall  revert  to  and  become  the  property  of  the  School  De- 
partment of  the  City  and  County. — As  amended  November  5,  1907; 
approved  by  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907,  page  55). 

Trust   Funds. 

12.  To  receive  and  manage  property  or  money  acquired  by 
bequest  or  donation  in  trust  for  the  benefit  of  any  school,  educa- 
tional purpose  or  school  library;  to  carry  into  effect  the  terms  of 
any  bequest  not  in  conflict  with  the  general  laws  or  this  Charter; 
and  to  sell  such  personal  property  as  shall  no  longer  be  required 
for  use  in  the  schools.  All  moneys  realized  by  such  sales  shall  be 
at  once  paid  into  the  treasury  to  the  credit  of  the  Common  School 
Fund. 


128  Chaf'ter  of  the  City  and  County  of  San  Francisco. 

Proposals    for    Supplies.      Provisions    Governing    Proposals. 

Sec.  2.  The  Board  shall  annually,  before  the  first  day  of  May, 
make  a  list  of  supplies  estimated  to  be  required  by  the  School  De- 
partment for  the  ensuing  fiscal  year,  stating  in  clear  and  explicit 
terms  the  quantity  and  kind  of  articles  needed  and  how  and  when 
they  shall  be  delivered,  and  shall  invite  proposals  for  furnishing 
the  same  by  advertising  therefor  for  at  least  ten  days  in  the  official 
newspaper. 

The  provisions  of  Article  II,  Chapter  III,  of  this  Charter,  in 
regard  to  the  advej:-tising  for  proposals,  the  affidavit  and  security 
accompanying  the  same,  the  presentation  and  opening  of  proposals; 
the  awarding  of  contracts  and  the  security  for  the  performance 
thereof,  shall,  so  far  as  the  same  can  be  made  applicable,  apply  to 
all  proposals  and  contracts  made,  awarded  or  entered  into  for  fur- 
nishing supplies  to  the  School  Department.  Any  contract  made 
in  violation  of  any  provision  of  this  Article  shall  be  void. 

Annual   Report  to   Supervisors. 

Sec.  3.  The  Board  shall,  during  each  year,  transmit  to  the 
Supervisors  a  report  in  writing  for  the  preceding  fiscal  year, 
stating  the  number  of  schools  within  its  jurisdiction,  the  length 
of  time  they  have  been  kept  open,  the  number  of  pupils  taught 
in  each  school,  the  average  daily  attendance  of  pupils  in  all  the 
public  schools,  the  number,  names  and  salaries  of  teachers,  the 
dates  of  their  appointments  and  the  character  of  the  certificates 
held  by  them,  the  amount  of  money  drawn  from  the  treasury  by 
the  Department  during  the  year,  distinguishing  the  State  fund 
from  all  others,  the  purpose  for  which  such  money  has  been  ex- 
pended, with  particulars,  and  such  other  information  as  may  be 
required  by  the  State  Superintendent,  the  Supervisors  or  the 
Mayor. 

Schedule   of   Salaries. 

Sec.  4.  The  Board  shall,  between  the  first  and  twenty-first  days 
of  May  of  each  year,  adopt  a  schedule  of  salaries  for  the  next  en- 
suing fiscal  year  for  teachers  and  all  employees  of  the  School  De- 
partment. 

CHAPTER  IV. 
SUPERINTENDENT   OF    SCHOOLS. 
Member  of  Board.     Salary. 

Section  1.  The  Superintendent  of  Schools  of  the  City  and 
County  shall  be  elected  by  the  qualified  electors  thereof  at  each 
gubernatorial  election. 

He  shall  be  by  virtue  of  his  office  a  member  of  the  Board  of 
Education.  He  shall  receive  an  annual  salary  of  four  thousand 
dollars. — As  amended  March  16,  1915 ;  approved  hy  the  Legislature 
April  1,  1915  (Statutes,  1915,  page  1807). 


Article  VII,  Chapter  IV.    Public  Schools  and  Libraries.     129 

Deputy  Superintendents. 

Sec.  2.  The  Superintendent  shall  appoint  four  Deputy  Super- 
intendents. The  number  of  such  deputies  shall  not  be  increased 
until  the  average  daily  attendance  shall  have  reached  forty-five 
thousand,  when  the  Superintendent  shall  appoint  one  additional 
deputy  and  thereafter  he  shall  appoint  one  deputy  for  each  addi- 
tional eight  thousand  children  in  average  daily  attendance.  If 
from  any  cause  a  vacancy  occurs  in  the  office  of  Deputy  Super- 
intendent, such  vacancy  shall  be  filled  by  the  Superintendent. 

Term  of  Deputies. 

Sec.   3.     Of  the   Deputy   Superintendents  first   appointed,   the 
Superintendent  shall  appoint  two  for  two  years  and  two  for  four 
years.     All  Deputy  Superintendents  subsequently  appointed  shall 
hold  office  for  four  years. 
Qualifications  of  Deputies. 

Sec.  4,     Such  deputies  must  have  had  at  least  ten  years'  suc- 
cessful experience  as  teachers,  and  shall  have  been  residents  of  the 
City  and  County  at  least  five  years  preceding  their  appointment. 
Duties  of  Superintendent. 

Sec.  5.     In  addition  to  the  duties  imposed  by  the  general  laws 
of  the  State,  it  shall  be  the  duty  of  the  Superintendent : 
Enforce    Rules. 

1.  To  observe  and  enforce  all  rules  and  regulations  of  the  Board 
of  Education  and  to  see  that  no  religious  or  sectarian  books  or 
teachings  are  allowed  in  the  schools. 

Annual   Report  to   Board. 

2.  To  report  to  the  Board  of  Education  annually,  on  or  before 
the  twentieth  day  of  August,  and  at  such  other  times  as  the  Board 
may  require,  all  matters  pertaining  to  the  condition  and  progress 
of  the  public  schools  of  the  City  and  County  during  the  fiscal  year, 
with  such  recommendations  as  he  may  deem  proper. 

Recommendations. 

3.  To  inform  the  Board  of  the  condition  of  the  schools,  school 
houses  and  of  other  matters  connected  therewith,  and  to  recom- 
mend such  measures  as  he  may  deem  necessary  for  the  advance- 
ment of  education  in  the  City  and  County,  and  for  the  care  and 
improvement  of  the  property  of  the  School  Department. 

Visit  All   Schools. 

4.  To  visit  and  examine,  with  the  assistance  of  his  deputies,  all 
the  schools  at  least  twice  a  year,  and  determine  their  standing  and 
classification.  To  recommend  rules  for  the  promotion  of  pupils  from 
grade  to  grade,  from  school  to  school,  and  for  the  transfer  and  the 
graduation  of  pupils. 

Studies  and   Text-Books. 

5.  To  recommend  to  the  Board  the  courses  of  studies,  the  text- 
books and  books  for  supplementary  use  in  the  public  schools  and 


130  Charter  of  the  City  and  County  of  San  Francisco. 

the  purchase  of  such  apparatus,  books,  stationery  and  other  class- 
room supplies  as  may  be  required  in  the  schools. 

Standing   of  Schools. 

6.  To  report  to  the  Board  once  a  month  upon  the  standing  of 
schools  examined  by  him  and  his  deputies. 

City    Board    of    Examination.      Powers. 

Sec.  6.  The  Superintendent  and  his  Deputies  shall  constitute 
the  City  Board  of  Examination,  and  shall  have  power : 

To    Examine    Applicants. 

1.  To  examine  applicants,  and  to  prescribe  a  standard  of  pro- 
ficiency which  will  entitle  the  person  examined  to  receive : 

a.  A  high  school  certificate,  valid  for  six  years,  which  shall 
authorize  the  holder  to  teach  any  primary,  grammar,  or  high 
school  in  the  City  and  County. 

&.  A  City  certificate,  grammar  grade,  valid  for  six  years, 
which  shall  authorize  the  holder  to  teach  any  primary  or  gram- 
mar school  in  the  City  and  County. 

c.  A  City  certificate,  primary  grade,  valid  for  two  years, 
which  shall  authorize  the  holder  to  teach  any  primary  school 
in  the  City  and  County.  They  shall  report  the  result  of  the 
examination  to  the  Board  of  Education,  and  the  Board  shall 
thereupon  issue  to  the  successful  candidates  the  certificates  to 
which  they  shall  be  entitled. 

Special    Certificates. 

2.  To  recommend  applicants  for  special  certificates  valid  for  a 
period  not  to  exceed  six  years,  upon  such  special  studies  as  may  be 
authorized  by  the  Board  of  Education. 

Revocation    of    Certificates. 

3.  For  immoral  or  unprofessional  conduct,  profanity,  intem- 
perance, or  evident  unfitness  for  teaching,  to  recommend  to  the 
Board  of  Education  the  revocation  of  any  certificates  previously 
granted  by  the  Board. 

Recommend   City  Certificates. 

4.  To  recommend  the  granting  of  City  certificates,  and  the 
renewal  thereof,  in  the  manner  provided  for  the  granting  and  re- 
newal of  County  certificates  by  County  Board  of  Education  in  sec- 
tion seventeen  hundred  and  seventy-five  of  the  Political  Code. 

CHAPTER  V. 

SCHOOL   TAX    LEVY. 
Annual  Estimate.     Limit  of  Aggregate  Amount. 

Section  1.  The  Board  of  Education  shall,  on  or  before  the  first 
Monday  of  April  in  each  year,  report  to  the  Supervisors  an  esti- 
mate of  the  amount  which  shall  be  required  during  the  ensuing 
fiscal  year  for  the  purpose  of  meeting  the  current  annual  expenses 
of  public  instruction  in  the  City  and  County  specifying  the  amount 


Article  VII,  Chapter  VL    Public  Schools  and  Libraries.    131 

required  for  supplies  to  be  furnished  pupils,  including  text-books 
for  indigent  children;  for  purchasing  and  procuring  sites;  for 
leasing  rooms  or  erecting  buildings;  for  furnishing,  fitting  up, 
altering,  enlarging  and  repairing  buildings;  for  the  support  of 
schools  organized  since  the  last  annual  apportionment;  for  the 
salary  of  the  School  Directors,  Superintendent,  Deputy  Superin- 
tendents, and  all  other  persons  employed  in  the  School  Depart- 
ment, and  for  other  expenditures  necessary  for  the  administration 
of  the  Public  School  system ;  but  the  aggregate  amount  so  reported 
for  any  one  year  shall  not  exceed  the  sum  of  thirty-two  dollars  and 
fifty  cents  for  each  pupil,  who  in  the  fiscal  year  immediately  prior 
thereto  actually  attended  the  schools  entitled. to  participate  in  the 
apportionment  thereof. 

Common  School  Fund. 

Sec.  2.  The  Supervisors  at  the  time  and  in  the  manner  of  levy- 
ing and  collecting  other  City  and  County  taxes  shall  levy  and  cause 
to  be  collected  for  the  Common  School  Fund  a  tax  which,  added  to 
the  revenue  derived  from  other  sources,  shall  produce  an  amount 
of  money  which  shall  not  exceed  thirty-two  dollars  and  fifty  cents 
for  each  pupil  in  attendance  during  the  preceding  fiscal  year,  as 
ascertained  and  reported  by  the  Board  of  Education. 

Extraordinary    Expenditures. 

Sec.  3.  In  case  of  extreme  emergency  or  great  calamity,  such 
as  disaster  from  fire,  riot,  earthquake  or  public  enemy,  the  Board 
of  Education  may,  with  the  approval  of  the  Mayor  or  Super- 
visors, incur  extraordinary  expenditures  in  excess  of  the  annual 
limit  provided  for  in  this  Charter,  for  the  repair  and  construction 
and  furnishing  of  school  houses  in  place  of  those  so  injured  or  de- 
stroyed. The  Supervisors  may,  by  ordinance,  cause  to  be  trans- 
ferred to  the  Common  School  Fund,  from  moneys  in  any  fund  not 
otherwise  appropriated,  sufficient  money  to  liquidate  such  expen- 
diture, and  provide  for  the  same  in  the  next  tax  levy  of  the  City 
and  County. 

CHAPTER  YI. 

SCHOOL  HOUSES  AND  LOTS. 
New   School    Houses.        Plans  and    Estimates. 

Section  1.  When  any  locality  in  the  City  and  County  is  un- 
provided with  sufficient  school  accommodations,  the  Board  of  Edu- 
cation may,  by  resolution,  make  a  requisition  upon  the  Board  of 
Public  Works  for  plans  and  specifications  and  estimates  for  a  new 
school  house,  specifying  the  number  of  class  rooms  needed,  the  lo- 
cation of  the  proposed  school  house,  the  date  on  which  it  should  be 
completed,  the  amount  of  money  in  the  School  Fund  available  for 
the  purpose,  and  such  other  information  as  will  enable  the  Board 
of  Public  Works  to  prepare  the  necessary  plans,  specifications  and 
estimates  of  cost  for  such  school  house. 

If  such  plans,  specifications  and  estimates  are  approved  by  the 
Board  of  Education  they  shall  be  endorsed  ''Approved,"  with  the 


132  Charter  of  the  City  and  County  of  San  Francisco. 

date  of  such  approval,  by  the  President  and  Secretary  thereof,  and 
returned  to  the  Board  of  Public  Works,  which  shall  proceed  with- 
out delay  to  have  such  school  house  constructed  and  completed  in 
accordance  therewith. 

When  such  school  house  is  completed,  the  Board  of  Public  Works 
shall  notify  the  Board  of  Education  to  examine  the  same,  and  if  it 
has  been  built  in  accordance  with  the  plans  and  specifications  and 
within  the  estimated  cost  thereof,  the  Board  of  Education  shall 
accept  and  take  possession  of  it. 

Repairs  by   Board  of  Public  Works. 

Sec.  2.  When  any  school  house,  building,  fence  or  other  prop- 
erty belonging  to,  or  connected  with  or  under  the  control  of,  the 
Board  of  Education,  needs  repairing,  altering  or  improving,  the 
Board  shall  notify  the  Board  of  Public  Works,  specifying  in  gen- 
eral terms  the  work  to  be  done.  The  Board  of  Public  W^orks  shall 
cause  the  same  to  be  done  forthwith,  if  the  cost  thereof  shall  not 
exceed  two  hundred  and  fifty  dollars ;  otherwise  the  Board  of  Pub- 
lic Works  shall  submit  plans,  specifications  and  estimates  of  cost  to 
the  Board  of  Education  for  its  approval,  and  if  approved  as  pro- 
vided in  section  one  of  this  Chapter,  the  Board  of  Public  Works 
shall  cause  the  same  to  be  done,  and  if  done  in  accordance  with  the 
plans  and  specifications,  and  within  such  estimate,  the  same  shall  be 
accepted  and  shall  be  paid  for  out  of  the  Common  School  Fund. 

Purcliase  of  Lots, 

Sec.  3.  When  it  is  necessary  to  purchase  a  lot  for  the  use  of 
the  School  Department,  the  price  paid  for  such  lot  shall  not  exceed 
the  market  value  of  adjacent  property  of  equal  size  and  similarly 
situated.  Any  school  building  hereafter  constructed  shall  have  a 
clear  space  of  at  least  ten  feet  around  the  same. 

CHAPTER  VII. 

PUBLIC    LIBRARY    AND    READING    ROOM. 
Board   of  Trustees.       How  Constituted. 

Section  1.  The  Public  Library  and  Reading  Rooms  of  the  City 
and  County  shall  be  under  the  management  of  a  Board  of  twelve 
Trustees,  one  of  whom  shall  be  the  Mayor  of  the  City  and  County, 
who  shall  be  a  member  of  the  Board  by  virtue  of  his  office.  The 
Board  of  Trustees  of  said  Library  and  Reading  Rooms  in  office  at 
the  time  this  Charter  shall  take  effect  shall  continue  to  constitute 
the  Board  of  Trustees  of  said  Public  Library  and  Reading  Rooms; 
and  all  vacancies  therein  shall  be  filed  by  said  Board.  None  of  said 
Trustees  shall  receive  any  compensation  for  his  services. 

Library  Fund.       Amount  of  Tax. 

Sec.  2.  The  Supervisors  shall,  for  the  purpose  of  maintaining 
such  Library  and  Reading  Rooms  and  such  branches  thereof  as 
the  Board  of  Library  Trustees  may  from  time  to  time  establish, 


Article  VII,  Chapter  VII,    Public  Schools  and  Libraries.    133 

and  for  purchasing  books,  journals  and  periodicals,  and  for  pur- 
chasing or  leasing  real  and  personal  property  and  for  constructing 
such  buildings  as  may  be  necessary,  annually  levy  a  tax  on  all 
property  in  the  City  and  County  not  exempt  from  taxation  which 
shall  not  be  less  than  one  and  one-half  cents  nor  more  than  two  and 
one-half  cents  upon  each  one  hundred  dollars  assessed  valuation  of 
said  property.  The  proceeds  of  said  tax  shall  be  credited  to  the 
Library  Fund. 

Gifts  and  Bequests  to   Library  Fund. 

Sec.  3.  All  revenue  from  such  tax,  together  with  all  money  or 
property  derived  by  gift,  devise,  bequest  or  otherwise,  for  the 
purposes  of  the  Library,  shall  be  paid  into  the  treasury  and  be 
designated  as  the  Library  Fund  and  be  applied  to  the  purposes 
herein  authorized.  If  such  payment  into  the  treasury  should  be 
inconsistent  with  the  conditions  or  terms  of  any  such  gift,  devise 
or  bequest,  the  Board  shall  provide  for  the  safety  and  preserva- 
tion of  the  same  and  the  application  thereof  to  the  use  of  the 
Library  and  Reading  Rooms,  in  accordance  with  the  terms  and 
conditions  of  such  gift,  devise  or  bequest. 

Title  to   Vest   in   City  and   County. 

Sec.  4.  Th6  title  to  all  property,  real  and  personal,  now  owned 
or  hereafter  acquired  by  purchase,  gift,  devise,  bequest  or  other- 
wise, for  the  purpose  of  the  Library  and  Reading  Rooms,  when 
not  inconsistent  with  the  terms  of  its  acquisition,  shall  vest  in  the 
City  and  County,  and  in  the  name  of  the  City  and  County  may  be 
sued  for  and  defended  by  action  at  law  or  otherwise. 

Powers   of   Board,   Officers   and    Employees. 

Sec.  5.  The  Board  shall  take  charge  of  the  Public  Library  and 
Reading  Rooms,  and  the  branches  thereof,  and  of  all  real  and  per- 
sonal property  thereunto  belonging  or  that  may  be  acquired  by 
loan,  purchase,  gift,  devise  or  otherwise,  when  not  inconsistent  with 
the  terms  and  conditions  of  the  gift,  devise  or  bequest.  It  shall 
meet  for  business  purposes  at  least  once  a  month,  and  at  such  other 
times  as  it  may  appoint,  in  a  place  to  be  provided  for  the  purpose. 
A  majority  of  the  Board  shall  constitute  a  quorum  for  the  trans- 
action of  business.  It  shall  elect  one  of  its  number  President,  w^ho 
shall  serve  for  one  year  and  until  his  successor  is  elected,  and  shall 
elect  a  Librarian  and  Secretary  and  such  assistants  as  may  be  nec- 
essary. The  Secretary  shall  keep  a  full  account  of  all  property, 
money,  receipts  and  expenditures  and  a  record  of  all  its  proceed- 
ings. 

Powers  of  Board. 

Sec.  6.  The  Board,  by  a  majority  vote  of  all  its  members  to  be 
recorded  in  its  minutes  with  the  ayes  and  noes,  shall  have  power ; 


134  Charter  of  the  City  and  County  of  San  Francisco. 

Rules  and    Regulations. 

1.  To  make  and  enforce  all  rules,  regulations  and  by-laws  neces- 
sary for  the  administration,  government  and  protection  of  the 
Library  and  Reading  Rooms  and  branches  thereof,  and  all  prop- 
erty belonging  thereto,  or  that  may  be  loaned  thereto. 

Administer   Trusts. 

2.  To  administer  any  trust  declared  or  created  for  such  Library 
and  Reading  Rooms  and  branches  thereof,  and  provide  memorial 
tablets  and  niches  to  perpetuate  the  memory  of  those  persons  who 
may  make  valuable  donations  thereto. 

Appoint  and   Remove  Assistants. 

3.  To  define  the  powers  and  prescribe  the  duties  of  all  officers; 
determine  the  number  of  and  elect  all  necessary  subordinate  offi- 
cers and  assistants,  and  for  good  and  sufficient  cause  to  remove  any 
officer  or  assistant. 

Purchase   Books. 

4.  To  purchase  books,  journals,  publications  and  other  personal 
property. 

Payments  From  Library  Fund. 

5.  To  order  the  drawing  and  payment  upon  vouchers,  certified 
by  the  President  and  Secretary,  of  money  from  the  Library  Fund 
for  any  liability  or  authorized  expenditure. 

Fix  Salaries.       Buildings. 

6.  To  fix  the  salaries  of  the  Librarian  and  Secretary  and  their 
assistants;  and,  with  the  approval  of  the  Supervisors  expressed  by 
ordinance,  to  erect  and  equip  such  building  or  buildings,  room  or 
rooms,  as  may  be  necessary  for  the  Library  and  Reading  Rooms 
and  branches  thereof. 

Branches. 

7.  To  establish  such  branches  of  the  Library  and  Reading 
Rooms  as  the  growth  of  the  City  and  County  may  from  time  to 
time  demand. 

Supervisors  May  Authorize  Use  of  Real   Estate  for  Library  Purposes. 

Sec.  7.  The  Supervisors  shall  have  power  to  appropriate  and 
authorize  the  use,  either  in  whole  or  in  part,  of  any  real  estate 
belonging  to  the  City  and  County,  for  the  purpose  of  erecting  and 
maintaining  a  building  or  buildings  thereon  to  be  used  for  the 
Library  and  Reading  Rooms,  or  branches  thereof,  and  may  appro- 
priate the  whole  or  any  portion  of  any  public  building  belonging 
to  the  City  and  County  for  such  use. 


Article  VIII,  Chapter  II.    Police  Department.  135 

AETICLE  VIII. 

POLICE  DEPARTMENT. 

CHAPTER  I. 

ORGANIZATION. 
Consists  Of. 

Section  1.  The  Police  Department  shall  consist  of  a  Board  of 
Police  Commissioners,  a  Chief  of  Police,  a  Police  Force,  and  of 
such  clerks  and  employees  as  shall  be  necessary  to  carry  into  effect 
the  provisions  of  this  Article. 

Term  of  Members. 

Sec.  2.  All  members  of  the  Police  Department  shall  hold  office 
during  good  behavior,  subject  to  the  provisions  hereinafter  set 
forth  relating  to  promotions,  suspensions,  dismissals  and  disrate- 
ments. 

Qualification    of    Members. 

Sec.  3.  No  person  shall  become  a  member  of  the  Department 
unless  he  shall  be  a  citizen  of  the  United  States,  of  good  charac- 
ter for  honesty  and  sobriety,  able  to  read  and  write  the  English 
language,  and  a  resident  of  the  City  and  County  for  at  least  five 
years  next  preceding  his  appointment.  Every  appointee  to  the 
Department  shall  not  be  less  than  twenty-one  nor  more  than 
thirty-five  years  of  age,  must  possess  the  physical  qualifications 
required  for  recruits  of  the  United  States  Army,  and  before  his 
appointment  must  pass  a  satisfactory  medical  examination  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  Board  of 
Police  Commissioners.  In  making  appointments  of  members  of 
the  Department,  the  Board  shall  never  regard  the  political  or 
religious  preferences  or  affiliations  of  any  candidate. 

CHAPTER  II. 

POLICE   COMMISSIONERS. 
Appointed  by  Mayor.     Salary. 

Section  1.  The  Police  Department  shall  be  under  the  manage- 
ment of  a  Board  of  Police  Commissioners  consisting  of  four  mem- 
bers who  shall  be  appointed  by  the  ]\Iayor,  and  each  of  whom  shall 
receive  an  annual  salary  of  twelve  hundred  dollars.  No  person 
shall  be  appointed  such  Commissioner  who  shall  not  have  been  an 
elector  of  the  City  and  County  for  at  least  five  years  next  preced- 
ing his  appointment. 

Political   Affiliations.     Term. 

Sec.  2.  The  Board  shall  never  be  so  constituted  as  to  consist 
of  more  than  two  members  of  the  same  political  party.  The  term 
of  office  of  the  Commissioners  shall  be  four  years.  Those  first 
appointed  shall  so  classify  themselves  by  lot  that  they  shall  re- 
spectively go  out  of  office  at  the  expiration  of  one,  two,  three  and 
four  years. 


136  Charter  of  the  City  and  County  of  San  Francisco. 

Successors   in    Office. 

Sec.  3.  The  Commissioners  shall  be  successors  in  office  of  the 
Police  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  or  law  of  this  State. 

President.       Secretary.       Salary. 

Sec.  4.  The  Police  Commissioners  shall  organize  by  electing  one 
of  their  number  President,  who  shall  hold  such  office  for  one  year. 
The  Board  shall  appoint  a  Secretary,  who  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars.  The  sessions  of  the  Board  shall 
be  public,  except  that  executive  sessions  may  be  held  whenever 
deemed  proper  by  the  Board.  The  Board  shall  meet  at  least  once 
a  week  in  the  rooms  of  the  Police  Department,  or  in  case  of  public 
emergency  at  such  place  as  the  Board  may  select.  The  Secretary 
must  keep  minutes  of  its  proceedings;  and  in  every  case  where  a 
power  is  exercised  by  the  Board  under  this  Article  the  ayes  and 
noes  thereon  shall  be  entered  therein. 

CHAPTER  III. 

POWERS    OF    BOARD. 
Powers    of   Commissioners. 

Section  1.  The  Board  of  Police  Commissioners  shall  have  power : 
Appoint  and  Dismiss. 

1.  To  appoint,  promote,  suspend,  disrate  or  dismiss  any  mem- 
ber of  the  Department  in  the  manner  hereinafter  provided. 

Rules  and    Regulations. 

2.  To  prescribe  rules  and  regulations  for  the  government,  dis- 
cipline, equipment  and  uniform  of  the  Department,  and  from  time 
to  time  to  alter  or  repeal  the  same,  and  to  prescribe  penalties  for 
the  violations  of  any  of  such  rules  and  regulations.  All  such  rules 
and  regulations  must  be  reasonable. 

Permits  for  Sale  of   Liquor.       Hearing  of  Persons   Refused   Permits. 

3.  To  grant  permits  to  any  person  desiring  to  engage  in  the 
sale  of  liquor  in  less  quantity  than  one  quart,  and  to  grant  per- 
mits to  any  person  engaged  in  the  business  of  selling  liquor  to 
be  drunk  on  the  premises,  and  to  revoke  any;  such  permit  when 
it  shall  appear  to  the  Board  that  the  business  of  the  person  to 
whom  such  permit  was  given  is  conducted  in  a  disorderly  or  im- 
proper manner.  Without  such  permit  none  of  such  persons  shall 
engage  in  the  business  of  selling  liquor.  If  the  Board  refuse  to 
grant  such  permit,  or  propose  to  revoke  any  permit  that  has  been 
granted,  the  person  who  is  refused  such  permit  or  whose  permit 
it  is  proposed  to  revoke,  shall  be  entitled  to  be  heard  before  the 
Board  in  person,  or  through  counsel,  and  to  have,  free  of  charge, 
all  reasonable  facilities  at  the  hearing.  Such  permits  shall  not 
be  granted  for  more  than  three  months  at  one  time,  and  they  shall 


Article  VIII,  Chapter  III.    Police  Department.  137 

distinctly  state  the  name  of  the  person  to  whom  the  same  is  given 
and  the  description  of  the  premises  where  such  business  is  to  be 
carried  on.  Such  permits  shall  at  all  times  be  subject  to  inspection 
by  any  member  of  the  Department.  Complaints  to  revoke  permits 
granted  by  the  Board  must  be  in  writing,  signed  by  the  person 
making  the  same  and  filed  with  the  Secretary  of  the  Board ;  and  a 
copy  thereof  certified  by  the  Secretary  must  be  served  upon  the 
party  complained  against,  at  least  five  days  before  the  time  set  for 
the  hearing  of  the  complaint. 

Special   Police  Officers. 

4.  At  its  discretion,  upon  the  petition  of  any  person,  firm  or 
corporation,  to  appoint,  and  at  pleasure  to  remove,  special  police 
officers.  Such  officers  shall  be  subject  to  all  the  rules  and  regula- 
tions of  the  Board. 

Sale  and  Disposition  of  Unclaimed  Property. 

5.  To  provide  for  the  care,  restitution  or  sale  at  annual  public 
auction  of  all  unclaimed  property  that  may  come  into  the  possession 
of  the  Property  Clerk,  and  to  direct  the  destruction  of  such  prop- 
erty as  shall  consist  of  implements,  weapons,  property  or  any  other 
article,  matter  or  thing  used  in  the  commission  of  crime. 

Police    Matrons. 

6.  To  appoint  Police  Matrons  for  the  care  of  female  prisoners 
and  to  provide  rules  and  regulations  for  the  government  of  the 
same. 

Police  Surgeon. 

7.  To  appoint  a  Police  Surgeon,  who  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars. 

Investigations  of  Police   Department. 

8.  The  Board  shall,  of  its  own  motion,  and  without  the  filing 
or  presentation  of  any  complaint,  have  power  to  initiate  and  con- 
duct investigations  of  all  matters  affecting  or  relating  to  affairs  of 
the  Police  Department  or  the  discipline  of  the-  members  thereof, 
and  for  the  conduct  of  such  investigations,  shall  have  power  to  take 
and  hear  testimony  touching  the  matters  under  investigation,  ad- 
minister oaths  and  affirmations,  and  upon  such  investigations,  and 
upon  the  trial  or  hearing  of  all  matters,  jurisdiction  to  try  or  hear 
which  is  given  by  this  Charter  to  said  Board,  shall  have  power  to 
issues  subpoenas  for  the  attendance  of  witnesses,  and  the  produc- 
tion of  books,  papers  and  documents  pertinent  to  the  matter  under 
investigation,  or  to  said  trial  or  hearing.  Whenever  any  person 
subpoenaed  to  appear  and  give  t<^stimony  or  to  produce  such  books, 
papers  or  documents  as  required  by  such  subpoena,  shall  refuse  to 
appear  or  testify  before  said  Board,  or  to  answer  any  questions 
which  the  majority  of  said  Board  shall  decide  to  be  proper  and 
pertinent,  he  shall  be  deemed  in  contempt  of  said  Board,  and  it 
shall  be  the  duty  of  the  President  of  said  Board  to  report  the  fact 


138  Charter  of  the  City  and  County  of  San  Francisco. 

to  the  presiding  judge  of  the  Superior  Court  of  the  City  and 
County  of  San  Francisco,  State  of  California,  who  shall  thereupon 
issue  an  attachment  in  the  form  usual  in  said  Superior  Court,  di- 
rected to  the  Sheriff  of  said  City  and  County,  commanding  said 
Sheriff  to  attach  such  person  and  forthwith  bring  him  before  said 
presiding  judge  of  said  Superior  Court.  On  the  return  of  said 
attachment,  and  the  production  of  the  person  attached,  the  said 
presiding  judge  shall  have  jurisdiction  of  the  matter,  and  the  per- 
son charged  may  purge  himself  of  the  contempt  in  the  same  way, 
and  the  same  proceedings  shall  be  had,  and  the  same  penalties  may 
be  imposed  and  the  same  punishment  inflicted  as  in  the  case  of  a 
witness  subpoenaed  to  appear  and  give  evidence  on  the  trial  of  a 
civil  cause  before  a  Superior  Court  of  the  State  of  California.  Any 
member  of  said  Board  shall  have  power  to  issue  any  subpoena  here- 
in provided  for. — New  subdivision  added  hy  amendment  December 
10,  1912;  approved  by  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602). 
Permits  Other  Than    Liquor. 

9.  To  grant  or  refuse  to  grant  permits  to  any  person  engaged 
or  desiring  to  engage  in  business  as  a  pawnbroker,  peddler,  junk- 
shop  keeper,  dealer  in  second-hand  merchandise,  auctioneer  and  in- 
telligence office  keeper,  and  such  other  characters  of  business  or 
callings  as  may  hereafter  be  required  by  ordinance  enacted  by  the 
Board  of  Supervisors  to  obtain  permits  from  this  Board,  and  to 
revoke  any  such  permit  where  it  shall  appear  to  the  Board  that  the 
business  or  calling  of  the  person  to  whom  such  permit  was  granted 
is  conducted  in  a  disorderly  or  improper  manner,  or  that  the  place 
where  such  business  is  being  conducted  or  maintained  is  not  a 
proper  or  suitable  place  in  which  to  conduct  or  maintain  such  busi- 
ness or  calling.  Before  granting  any  such  permit  or  revoking  a 
permit  already  granted,  the  applicant  or  person  holding  such  per- 
mit shall  be  entitled  to  be  heard  before  said  Board  in  person  or  by 
counsel.  Such  permit  shall  distinctly  state  the  name  of  the  person 
to  whom  the  same  is  given,  the  character  of  business  or  calling  to 
be  conducted  and  a  description  or  designation  of  the  premises 
where, such  business  is  to  be  so  conducted.  Such  permits  shall  at 
all  times  be  subject  to  inspection  by  any  member  of  the  Depart- 
ment. Complaints  to  revoke  permits  granted  by  the  Board  must 
be  in  writing,  sig^ned  by  the  person  making  the  same  and  filed  with 
the  Secretary  of  the  Board;  and  a  copy  thereof  certified  by  the 
Secretary  must  be  served  upon  the  person  holding  such  permit, 
who  shall  be  given  reasonable  notice  of  the  time  set  for  the  hearing 
of  the  complaint. — New  subdivision  added  by  amendment  Novem- 
ber 5,  1918;  approved  by  the  Legislature  January  17,  1919  (Stat- 
utes, 1919). 

Special   IVIeetings. 

Sec.  2.  The  President  may  convene  the  Board  for  special  meet- 
ings. The  Secretary  of  the  Board  shall  be  the  official  custodian 
of  all  records  and  official  documents  of  the  Board. 


Article  VIII ^  Chapter  IV.    Police  Department.  139 

CHAPTER  IV. 

THE  CHIEF  OF   POLICE. 
Term.     Salary.     Powers.     Duties. 

Section  1.  The  Chief  of  Police  shall  be  appointed  by  the  Board 
of  Police  Commissioners  and  hold  office  for  the  term  of  four  years, 
lie  shall  receive  an  annual  salary  of  four  thousand  dollars.  He 
shall  have  control,  management  and  direction  of  all  members  of  the 
Department  in  the  lawful  exercise  of  his  functions,  with  full  power 
to  detail  any  of  them  to  such  public  service  as  he  may  direct,  and 
with  like  power  to  suspend  temporarily  any  member  of  the  Depart- 
ment. In  all  cases  of  such  suspension,  he  shall  immediately  report 
the  same  to  the  Board,  with  the  reasons  therefor  in  writing.  He 
shall  maintain  and  enforce  law  and  rigid  discipline  so  as  to  secure 
complete  efficiency  of  the  Department.  He  shall,  subject  to  the 
directions  and  orders  of  the  Commissioners,  have  control  of  such 
of  the  prisons  of  the  City  and  County  as  are  not  by  the  general 
law^  under  the  control  of  the  Sheriff. 

Powers  and    Duties.        Riots. 

Sec.  2.  In  the  suppression  of  any  riot,  public  tumult,  disturb- 
ance of  the  public  peace,  or  organized  resistance  against  the  laws 
or  public  authority,  the  Chief  of  Police  shall,  in  the  lawful  exercise 
of  his  functions,  have  all  the  powders  that  are  now  or  may  be  con- 
ferred on  Sheriffs  by  the  laws  of  the  State. 

Chief  Executive  Officer  of  the  Department. 

Sec.  3.  The  Chief  of  Police  shall  be  the  chief  executive  officer 
of  the  Department.  He  shall  be  chargeable  with  and  responsible 
for  the  execution  of  all  laws  and  ordinances  and  the  rules  and 
regulations  of  the  Department.  He  shall  see  that  the  orders  and 
process  issued  by  the  Police  Court  and  such  other  orders  and  pro- 
cess as  may  be  placed  in  his  hands  are  promptly  executed,  and 
shall  exercise  such  other  powders  connected  with  his  office  as  may 
be  provided  for  in  the  general  rules  and  regulations  of  the  Com- 
missioners. 

Law    Books   in   Office. 

Sec.  4.  The  Chief  of  Police  shall  keep  a  public  office,  in  which 
he  shall  have  the  Statutes  of  this  State  and  of  the  United  States, 
and  all  necessary  works  on  criminal  law.  In  case  of  his  temporary 
absence,  some  competent  member  of  the  Department,  by  him  desig- 
nated for  that  purpose,  shall  be  in  attendance  at  all  hours  of  the 
day  and  night ;  and  in  such  case  he  shall  make  known  to  such  mem- 
ber of  the  Department  where  he  can  be  found. 

Bailiffs  in   Police  Court.       Appointees.       Salaries. 

Sec.  5.  The  Chief  of  Police  shall  detail  one  or  more  of  the  mem- 
bers of  the  Department  to  attend  constantly  on  the  Police  Court 
and  to  execute  its  orders  and  process.  He  shall  detail  at  his  pleas- 
ure members  of  the  Department  to  act  as  his  Chief  Clerk,  Assistant 
Clerks,  Prison  Keepers  and  Property  Clerk.     Said  Chief  Clerk 


140  Charter  of  the  City  and  County  of  San  Francisco, 

and  said  Property  Clerk  shall  each  receive  an  annual  salary  of 
two  thousand  six  hundred  and  forty  dollars.- — As  amended  Novem- 
ber 5,  1918;  approved  by  the  Legislature  January  17,  1919 
(Statutes,  1919), 

Contingent   Fund.       Total   Disbursements. 

Sec.  6.  The  Chief  of  Police  may  from  time  to  time  disburse 
such  sums  for  contingent  expenses  of  the  Department  as  in  his 
judgment  shall  be  for  the  best  interest  of  the  City  and  County,  to 
be  paid  out  of  the  contingent  fund  allowed  the  Department.  The 
aggregate  of  all  such  sums  shall  not  in  any  one  fiscal  year  exceed 
the  sum  of  ten  thousand  dollars.  Provision  shall  be  made  by  the 
Supervisors  for  such  contingent  fund  in  the  annual  tax  levy.  The 
Commissioners  shall  allow  and  order  paid  out  of  such  contingent 
fund,  as  contingent  expenses  of  the  Police  Department,  upon 
orders  signed  by  the  Chief  of  Police,  such  amounts  as  may  be 
required. 

Control   Over   Pawnshops,    Peddlers,    Etc. 

Sec.  7.  The  Chief  of  Police  shall  possess  powders  of  general 
police  inspection,  supervision  and  control,  over  all  pawnbrokers, 
peddlers,  junk-shop  keepers,  dealers  in  second-hand  merchandise, 
auctioneers  and  intelligence  office  keepers.  All  persons  engaged 
in  said  callings  must  first  procure  permits  from  the  Commissioners. 
In  the  exercise  of  such  power  the  Chief  may  by  authority  in  writ- 
ing from  time  to  time  empower  members  of  the  Police  Department, 
when  in  search  of  property  feloniously  obtained  or  in  search  of 
suspected  offenders,  or  in  search  of  evidence  to  convict  any  person 
charged  with  crime,  to  examine  the  books  and  the  premises  of  any 
such  person.  Any  such  member  of  the  Police  Department,  when 
thereunto  empowered  in  writing  by  the  Chief  of  Police,  may 
examine  property  alleged  to  have  been  pawned,  pledged,  deposited, 
lost,  strayed  or  stolen. 

CHAPTER  V. 

SUBORDINATE     OFFICERS. 
Salaries  of. 

Section  1.  Subordinate  officers  of  the  Police  Department  shall 
consist  of  Captains,  who  shall  each  receive  an  annual  salary  of 
two  thousand  six  hundred  and  forty  dollars;  Lieutenants,  who 
shall  each  receive  an  annual  salary  of  two  thousand  one  hundred 
and  sixty  dollars;  Sergeants,  who  shall  each  receive  an  annual 
salary  of  one  thousand  nine  hundred  and  twenty  dollars;  and 
corporals,  who  shall  each  receive  an  annual  salary  of  one  thou- 
sand eight  hundred  dollars. — As  amended  November  5,  1918; 
approved  by  the  Legislature  Janunry  17,  1919  (Statutes,  1919). 

Captains'    Duties. 

Sec.  2.  There  shall  be  one  Captain  for  each  one  hundred  police 
officers.    The  duties  of  Captains  shall  be  defined  by  the  rules  and 


Article  VIII,  Chapter  VI.    Police  Department.  141 

regulations  of  the  Commissioners  and  by  the  orders  of  the  Chief 
of  Police. 

Lieutenants*    Duties. 

Sec.  3.  There  shall  be  one  Lieutenant  for  every  fifty  police 
officers.  The  duties  of  Lieutenants  shall  be  defined  by  the  rules 
and  regulations  of  the  Commissioners,  by  the  orders  of  the  Chief  of 
Police,  and  by  the  orders  of  their  respective  Captains. 

Sergeants'    Duties. 

Sec.  4.  There  shall  be  as  many  Sergeants  as  in  the  judgment 
of  the  Commissioners  may  be  advisable,  not  to  exceed  one  Sergeant 
for  every  ten  police  officers.  The  duties  of  Sergeants  shall  be 
defined  by  the  rules  and  regulations  of  the  Commissioners,  the 
orders  of  the  Chief  of  Police,  and  the  orders  of  their  respective 
Captains  and  Lieutenants. 

Corporals'  Duties. 

Sec.  5.  There  shall  be  as  many  Corporals  as  in  the  judgment 
of  the  Commissioners  may  be  advisable.  The  duties  of  the  Cor- 
porals shall  be  defined  by  the  rules  and  regulations  of  the  Commis- 
sioners, the  orders  of  the  Chief  of  Police,  and  the  orders  of  their 
respective  Captains,  Lieutenants  and  Sergeants. 

Detectives.     Captain  of  Detectives. 

Sec.  6.  The  Chief  of  Police  may  detail  for  detective  duties 
such  members  of  the  Department  as  he  may  select,  not  to  ex- 
ceed twenty-five.  He  shall  designate  a  Captain  of  Police  to  act 
as  Captain  over  the  officers  so  detailed,  who  shall  receive  an  an- 
nual salary  of  three  thousand  dollars.  Such  Captain  shall  rank 
as  Captain  of  Detectives,  and  his  duties  shall  be  defined  by  the 
Commissioners  and  by  the  Chief  of  Police.  The  members  so  de- 
tailed shall  be  known  and  ranked  as  Detective  Sergeants.  Each 
of  said  Detective  Sergeants  shall  receive  an  annual  salary  of 
one  thousand  nine  hundred  and  twenty  dollars.  They  may  be  re- 
moved at  any  time  from  such  detail  by  the  Chief  of  Police.  Their 
duties  shall  be  defined  by  the  rules  and  regulations  of  the  Com- 
missioners, by  the  orders  of  the  Chief  of  Police,  and  by  the  orders 
of  the  Captain  of  Detectives.^ — As  amended  November  5,  1918; 
approved  hxj  the  Legislature  January  17,  1919   (Statutes  1919). 

CHAPTER  VI. 

POLICE  OFFICERS. 

Police    Force:      Number  and   Salaries. 

Section  1.  The  police  force  of  the  City  and  County  shall  not  ex- 
ceed one  police  officer  for  each  five  hundred  inhabitants  thereof. 
Police  officers  shall  each  receive  an  annual  salary  of  one  thousand 
seven  hundred  and  four  dollars. — As  amended  November  5,  1918; 
approved  by  the  Legislature  Januai^  17,  1919  (Statutes  1919). 


142i  Charter  of  the  City  and  County  of  San  Francisco. 

Police    Patrol    Drivers. 

Sec.  lyo.  In  addition  to  the  Police  Force  provided  for  in  Sec- 
tion 1  of  this  Chapter,  there  shall  be  not  to  exceed  three  Police 
Patrol  Drivers  for  each  Police  Company,  each  of  which  drivers 
shall  receive  an  annual  salary  of  not  less  than  $1464;  and  said 
Police  Patrol  Drivers  shall,  for  the  purpose  of  receiving  a 
pension,  be  considered  a  part  of  the  Police  Force,  and  shall  be 
subject  to  the  provisions  and  entitled  to  the  benefits  of  Chapter  X 
of  Article  VIII  of  the  Charter. — New  section  added  hy  amendment 
November  5,  1918;  approved  hy  the  Legislature  January  17,  1919 
(Statutes  1919). 

Property  of  Prisoners. 

Sec.  2.  Every  Police  Officer  shall,  upon  the  arrest  of  any 
person  charged  with  the  commission  of  crime,  search  the  person 
of  such  offender,  and  take  from  him  all  property  and  weapons, 
and  forthwith  deliver  the  same  to  the  prison-keeper,  who  must 
deliver  the  same  to  the  Property  Clerk,  to  be  by  him  kept  until 
other  disposition  be  made  thereof  according  to  law. 

Ex-Offlcio   Health   Officers. 

,Sec.  3.  Police  Officers  shall  be  health  officers  by  virtue  of 
their  office. 

CHAPTER  VII. 

PROMOTIONS,    SUSPENSIONS,    DISMISSALS    AND     DISRATEMENTS. 
Promotions. 

Section  1.  All  promotions  in  the  Department  shall  be  from  the 
next  lowest  rank,  seniority  of  service  and  meritorious  public 
service  being  considered. 

Violation   of   Rules. 

Sec.  2.  Any  member  of  the  Department  guilty  of  any  offense, 
or  violation  of  rules  and  regulations,  shall  be  liable  to  be  punished 
by  reprimand,  or  by  fine  to  be  fixed  by  the  Commissioners,  or  by 
dismissal  from  the  Department ;  but  no  fine  shall  ever  be  imposed 
at  any  one  time  for  any  oft'ense  exceeding  one  month's  salary. 

Fair  Trial  Before  Dismissal  or  Punishment. 

Sec.  3.  No  member  of  the  Department  shall  be  subject  to  dis- 
missal for  any  cause,  or  to  punishment  for  any  breach  of  duty  or 
misconduct  therein,  except  after  a  fair  and  impartial  trial  before 
the  Commissioners  upon  a  verified  complaint  filed  with  the  Board 
setting  forth  specifically  the  acts  complained  of,  and  after  such 
reasonable  notice  to  him  of  the  time  and  place  of  hearing  as  the 
Board  may  by  rule  prescribe.  The  accused  shall  be  entitled  upon 
such  hearing  to  appear  personally  and  by  counsel ;  to  have  a  public 
trial ;  and  to  secure  and  enforce  free  of  expense  to  him  the  attend- 
ance of  all  witnesses  necessary  for  his  defense. 


Article  VIII,  Chapter  VIII.    Police  Department.  143 

CHAPTER  VIII. 

UNCLAIMED    AND    STOLEN    PROPERTY. 
Lost,  Stolen  or  Unclaimed   Property. 

Section  1.  All  property  or  money  taken  under  suspicion  of 
having  been  stolen  or  feloniously  obtained,  the  result  of  crime  or 
constituting  the  proceeds  of  crime,  and  all  property  or  money 
taken  from  intoxicated  or  insane  persons,  or  other  persons  inca- 
pable of  taking  care  of  themselves,  or  property  or  money  lost  or 
abandoned  that  may  in  any  way  come  into  the  possession  or  cus- 
tody of  any  member  of  the  Department,  or  of  any  Criminal  Court 
or  Judge  of  the  City  and  County,  shall  be  delivered  to  the  Prop- 
erty Clerk,  who  shall  enter  in  a  Record  Book,  to  be  kept  by  him 
for  that  purpose,  a  full  and  explicit  description  of  the  same, 
together  with  the  name  of  the  person  or  persons  from  whom  re- 
ceived, the  names  of  any  claimants  thereto,  the  time  of  the  seizure 
and  the  final  disposition  thereof. 

Property  of   Innocent   Persons  to   Be   Returned. 

Sec.  2.  When  property  or  money  taken  from  any  person  ar- 
rested, or  otherwise  under  suspicion  of  having  been  feloniously 
obtained,  or  of  being  the  proceeds  of  crime,  is  brought  with  the 
claimant  thereof  and  the  person  arrested  before  a  Court  for  exami- 
nation and  adjudication,  and  the  Court  shall  adjudge  that  the 
person  arrested  is  innocent  of  the  offense  alleged,  and  that  the 
property  or  money  belongs  to  him,  it  shall  order  such  property 
or  money  returned  to  the  accused,  and  the  Property  Clerk  shall 
thereupon  deliver  such  property  or  money  to  him  personally,  but 
not  to  his  attorney  or  agent.  If  upon  such  hearing  the  accused 
shall  be  held  for  trial  or  examination,  such  property  or  money 
shall  remain  in  the  custody  of  the  Property  Clerk  until  the  dis- 
charge or  conviction  of  the  person  accused. 

Unclaimed    Property   to    Be    Sold,   When. 

Sec.  3.  All  unclaimed  property  and  money  that  has  been  in 
the  custody  of  the  Property  Clerk  for  one  year  shall  be  sold  at 
public  auction  (with  the  exception  of  firearms  and  other 
deadly  weapons,  which  must  be  destroyed  by  Property  Clerk), 
fifter  having  been  five  times  advertised  in  the  official 
newspaper;  and  the  proceeds  of  such  sale  shall  be  paid  into  the 
treasury  to  the  credit  of  the  Police  Relief  and  Pension  Fund.  In 
no  case  shall  such  property  be  sold  or  disposed  of  until  the  neces- 
sity for  the  use  thereof  as  evidence  has  ceased.  The  proceeds  of 
property  taken  from  insane  persons  shall  not  become  part  of  such 
Fund  until  after  the  expiration  of  three  years  from  the  time  the 
same  is  paid  into  the  treasury,  but  the  Commissioners  and  the 
Chief  of  Police  shall,  during  such  period,  make  diligent  inquiry  to 
ascertain  the  person  or  persons  to  whom  the  same  should  by  right 
be  payable. — As  amended  March  16,  1915;  approved  by  the 
Legislature  April  1,  1915  (Statutes,  1915,  page  1807). 


144  Charter  of  the  City  and  County  of  San  Francisco. 

Property   as    Evidence    in    Court. 

Sec.  4,  If  any  property  or  money  in  the  custody  of  the  Prop- 
erty Clerk  be  required  as  evidence  in  any  Court,  it  shall  be  deliv- 
ered to  any  officer  who  shall  present  an  order  in  writing  to  that 
effect  from  such  Court,  and  the  Clerks  of  such  Court  shall  be 
responsible  for  the  safe  delivery  of  such  property  or  money  to  the 
Property  Clerk. 

Duty  of  Property  Clerk. 

Sec.  5.  All  valuables  and  money  in  the  custody  of  the  Property 
Clerk  shall  be  deposited  by  him,  for  safe  keeping,  with  the  Treas- 
urer, in  such  manner  and  subject  to  such  rules  and  regulations  as 
may  be  prescribed  by  the  Board. 

CHAPTER  IX. 
PRESENT    POLICE    FORCE. 
Constitution    of   the    Force. 

Section  1.  All  members  of  the  present  Police  Force  in  good 
standing  in  the  Department  at  the  time  this  Charter  goes  into 
effect,  and  the  Park  Police,  shall  continue  therein  without  Civil 
Service  examination ;  but  all  new  appointments  and  all  promotions 
made  after  this  Charter  shall  go  into  effect  shall  be  subject  to  and 
governed  by  Article  XIII  of  this  Charter. 

CHAPTER  X. 

POLICE    RELIEF    AND    PENSION    FUND. 

Pension  Fund.       Board  of  Trustees. 

.Section  I.  In  order  to  continue  in  force  and  make  effectual 
pensions  already  existing  in  favor  of  the  Police  Force,  a  Fund  is 
hereby  created  to  be  known  and  designated  as  the  Police  Relief 
and  Pension  Fund.  The  Board  of  Police  Commissioners  and  its 
successors  in  office  shall  constitute  a  Board  of  Trustees  of  said 
Fund. 

Qualifications  Requisite  to  Pensioners.     Monthly  Pension. 

Sec.  2.  The  Board  of  Police  Commissioners  may,  by  a  unani- 
mous vote,  retire  and  relieve  from  service  any  aged,  infirm  or 
disabled  member  of  the  Department  who  has  arrived  at  the  age 
of  sixty-five  years,  and  who,  upon  an  examination  by  two  regularly 
certified  practicing  physicians  appointed  by  the  Commissioners  for 
that  purpose,  may  be  ascertained  to  be  by  reason  of  such  age, 
infirmity  or  other  disability,  unfit  for  the  performance  of  his 
duties.  Such  retired  member  shall  receive  from  the  Police  Relief 
and  Pension  Fund  a  monthly  pension  equal  to  one-half  of  the 
amount  of  the  salary  attached  to  the  rank  held  by  him  three  years 
prior  to  the  date  of  his  retirement.  No  such  pension  shall  be  paid 
unless  such  person  has  been  an  active  member  of  the  Department 
for  twenty  years  continuously  next  preceding  his  retirement,  and 
the  same  shall  cease  at  his  death. 


Article  VIII,  Chapter  X.    Police  Department.  145 

Physical   Disabilities.       Annual   Pension. 

Sec.  3.  Any  member  of  the  Department  who  shall  become 
physically  disabled  by  reason  of  any  bodily  injury  received  in  the 
performance  of  his  duty,  upon  his  filing  with  the  Commissioners 
a  verified  petition  setting  forth  the  facts  constituting  such  dis- 
ability and  the  cause  thereof,  accompanied  by  a  certificate  signed 
by  the  Chief  of  Police,  the  Captain  of  the  Company  to  which  he 
belongs,  and  by  two  regularly  certificated  physicians  of  the  City 
and  County  recommending  his  retirement  upon  a  pension  on 
account  of  such  disability,  may  be  retired  from  the  Department 
upon  an  annual  pension  equal  to  one-half  the  amount  of  salary 
attached  to  the  rank  which  he  may  have  held  three  years  prior 
to  the  date  of  such  retirement,  to  be  paid  to  him  during  his  life 
and  to  cease  at  his  death.  In  case  his  disability  shall  cease  his 
pension  shall  cease,  and  he  shall  be  restored  to  the  service  in  the 
rank  he  occupied  at  the  time  of  his  retirement. 

Family  of  Member  Killed  in  Service:       Monthly  Pension  to  Widow,  Chil- 
dren and    Parents. 

Sec.  4.  The  Commission  shall,  out  of  the  Police  Relief  and 
Pension  Fund,  provide  as  follows  for  the  family  of  any  officer, 
member  or  employee  who  may  be  killed  or  injured  while  in  the 
performance  of  his  duties,  and  who  shall  have  died  within  three 
(3)  years  from  the  date  of  such  injury,  and  the  receipt  by  such 
officer,  member  or  employee  of  any  relief  under  this  Chapter  dur- 
ing his  lifetime  shall  not  bar  the  said  family  from  the  benefits  of 
this  section. 

First — Should  the  decedent  be  married,  his  widow  shall  as  long 
as  she  may  remain  unmarried  be  paid  a  monthly  pension  equal  to 
one-half  of  the  salary  attached  to  the  rank  held  by  the  decedent  at 
the  time  of  his  death. 

Second — Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  such 
children  shall  collectively  receive  a  pension  equal  to  one-half 
of  the  salary  attached  to  the  position  held  by  their  father  at  the 
time  of  his  death  until  the  youngest  attains  the  age  of  sixteen 
years. 

Third — Should  the  decedent  leave  no  widow  and  no  orphan 
child  or  children,  but  leave  a  parent  or  parents  depending  solely 
upon  him  for  support,  such  parents,  so  depending,  shall  collec- 
tively receive  a  pension  equal  to  one-half  of  the  salary  attached  to 
the  position  held  by  the  decedent  at  the  time  of  his  death,  during 
such  time  as  the  Commissioners  may  unanimously  determine  its 
necessity. 

Fourth — Any  member  or  members  of  the  family  of  the  deceased 
claiming  to  be  entitled  to  a  pension  under  the  provisions  of  this 
section,  shall  file  a  verified  petition  therefor  with  said  Commission, 
which  petition  shall  thereafter  be  heard  by  said  Board,  upon  such 
reasonable  notice  to  the  petitioner  or  petitioners  of  the  time  and 


146  Charter  of  the  City  and  County  of  San  Francisco. 

place  of  such  hearing,  as  said  Board  may  by  rule  or  order  pre- 
scribe. Said  petitioner  or  petitioners  shall  be  entitled,  upon  such 
hearing,  to  appear  personally  and  by  counsel.  Upon  such  hear- 
.ing  any  interested  person  shall  have  the  right  to  introduce  testi- 
mony relative  to  the  matters  set  forth  in  said  petition. .  The  judg- 
ment of  said  Commissioners  respecting  said  application  shall  be 
final,  unless  in  determining  said  application  said  Commissioners 
commit  a  clear  abuse  of  discretion. — As  amended  November  7, 1916; 
approved  hy  the  Legislature  January  18,  1917  (Statutes,  1917, 
page  1708). 

Forfeiture  of  Pensions. 

Sec.  5.  Any  person  receiving  a  pension  as  aforesaid  from  the 
Police  Relief  and  Pension  Fund,  who  shall  be  convicted  of  felony, 
shall  become  dissipated,  an  habitual  drunkard,  or  shall  become  a 
non-resident  of  this  State,  shall  forfeit  all  right  to  said  pension. 

Death   After  Ten   Years'   Service. 

Sec.  6.  When  any  member  of  the  Department  shall,  after  ten 
years'  service,  die  from  natural  causes,  then  his  widow,  and  if 
there  be  no  widow,  then  his  children,  or  if  there  be  no  widow  or 
children,  then  his  mother,  if  dependent  upon  him  for  support,  shall 
be  entitled  to  a  sum  equal  to  the.  amount  retained  by  the  Treasurer 
from  the  pay  of  such  deceased  member  and  paid  into  the  Relief 
and  Pension  Fund;  but  the  provisions  of  this  section  shall  not 
apply  to  any  member  of  the  Department  who  shall  have  received 
any  pension  under  the  terms  of  this  Chapter. 

Rules  and   Regulations. 

Sec.  7.  The  Commissioners  shall  make  rules  and  regulations  to 
carry  out  the  provisions  of  this  Chapter  and  to  enforce  compliance 
therewith  on  the  part  of  the  members  of  the  Department.  It  shall 
make  up  an  estimate  every  year  of  the  amount  required  to  pay  all 
demands  on  the  Police  Relief  and  Pension  Fund  for  the  succeeding 
fiscal  year,  and  certify  the  same  to  the  Supervisors  in  connection 
with  and  as  a  part  of  the  annual  appropriation  for  the  Police 
Department. 

Rewards  for   Heroic  Conduct. 

Sec.  8.  The  Commissioners  may,  on  notice  to  the  (5hief  of 
Police,  reward  any  member  of  the  Department  for  conduct  which 
is  heroic  or  meritorious.  The  form  or  the  amount  of  such  reward 
shall  be  discretionary  with  the  Board;  but  it  shall  not  exceed  in 
any  one  instance  one  month's  salary. 

Meetings.       Record  of  Proceedings.       List  of   Pensioners. 

Sec.  9.  The  Board  of  Police  Pension  Fund  Commissioners  shall 
hold  quarterly  meetings  on  the  first  Mondays  of  April,  July,  Octo- 
ber and  January  of  each  year,  and  upon  the  call  of  its  President. 
It  shall  issue  warrants,  signed  by  its  President  and  Secretary,  to 
the  persons  entitled  thereto,  for  the  amount  of  money  ordered 
paid  to  such  persons  from  the  Relief  and  Pension  Fund.  Each 
warrant  shall  state  for  what  purpose  the  payment  is  made. 


Article  VIII,  Chapter  X.    Police  Department.  147 

The  Board  of  Police  Pension  Fund  Commissioners  shall  keep  a 
public  record  of  its  proceedings.  It  shall  at  each  quarterly  meet- 
ing send  to  the  Treasurer  and  to  the  Auditor  a  written  or  printed 
list  of  all  persons  entitled  to  payment  from  the  Relief  and  Pension 
Fund,  stating  the  amounts  of  such  payments,  and  for  what  granted. 
Such  list  shall  be  certified  and  signed  by  the  President  and  Secre- 
tary of  the  Board.  The  Auditor  shall  thereupon  enter  a  copy  of 
such  list  upon,  a  book  to  be  kept  for  that  purpose,  which  shall  be 
known  as  The  Police  Relief  and  Pension  Fund  Book.  All  war- 
rants signed  by  the  President  and  Secretary  of  the  Board  shall 
be  presented  to  the  Auditor,  and  be  audited  and  ordered  paid  by 
him  out  of  said  Fund. 

Powers  of  Board.       Secretary. 

Sec.  10.  The  Board  of  Police  Pension  Fund  Commissioners 
shall  possess  the  powers  vested  in  the  Board  of  Police  Commis- 
sioners to  make  rules  and  regulations  for  its  guidance.  It  may 
appoint  a  Secretary,  and  provide  for  the  payment  from  said  Fund 
of  all  its  necessary  expenses,  not  exceeding  fifty  dollars  for  any 
one  month,  including  the  salary  of  the  Secretary  and  printing. 
No  compensation  shall  be  paid  to  any  member  of  the  Board  for 
any  duty  required  or  performed  as  Police  Relief  and  Pension  Fund 
Commissioner. 

Sources  of  Revenue. 

Sec.  11.  The  Supervisors  shall  annually,  when  the  tax  levy  is 
made,  direct  the  payment  into  the  aforesaid  Fund  of  the  following 
moneys : 

1.  Not  less  than  five  nor  more  than  ten  per  centum  of  all 
moneys  collected  and  received  from  licenses  for  the  keeping  of 
places  where  spirituous,  malt  or  other  intoxicating  liquors  are  sold. 

2.  One-half  of  all  moneys  received  from  taxes  or  from  licenses 
upon  dogs. 

3.  All  moneys  received  from  fines  imposed  upon  members  of  the 
Police  Department  for  violation  of  law  or  the  rules  or  regulations 
thereof. 

4.  All  proceeds  of  sales  of  unclaimed  property. 

5.  Not  less  than  one-fourth  nor  more  than  one-half  of  all  moneys 
received  from  licenses  from  pawnbrokers,  billiard  hall  keepers, 
dealers  in  second-hand  merchandise,  and  from  junk  stores. 

6.  All  moneys  received  from  fines  for  carrying  concealed 
weapons. 

7.  Twenty-five  per  centum  of  all  fines  collected  in  money  for 
violation  of  any  ordinance. 

8.  All  rewards  to  members  of  the  Police  Department,  except 
such  as  shall  be  excepted  by  the  Commissioners. 

9.  The  Treasurer  shall  retain  from  the  pay  of  each  member  of 
the  Police  Force  two  dollars  a  month,  which  shall  be  forthwith  paid 
into  the  Police  Relief  and  Pension  Fund.     No  other  or  further 


148  Charter  of  the  City  and  County  of  San  Francisco. 

retention  or  reduction  shall  be  made  from  such  pay  for  any  other 
fund  or  purpose  unless  the  same  is  herein  authorized. 

Policemen  on  Special  Detail. 

Sec.  12.  When  a  request  is  made  for  regular  policemen  to  be 
detailed  at  any  place  of  amusement  or  entertainment,  ball,  party, 
or  picnic,  the  party  or  person  making  such  request  shall  first  deposit 
two  dollars  and  fifty  cents  for  each  man  so  detailed  with  the  Prop- 
erty Clerk  of  the  Department,  who  shall  give  him  a  receipt  for  the 
same,  and  such  sum  shall  be  at  once  paid  into  the  treasury  to  the 
credit  of  the  Police  Relief  and  Pension  Fund. 

Auditor's    Report   on    Pension    Fund.       Surplus. 

Sec.  13.  On  the  last  day  of  June  of  each  year,  or  as  soon  there- 
after as  practicable,  the  Auditor  shall  make  a  report  to  the  Super- 
visors of  all  moneys  paid  out  of  such  Fund  during  the  previous 
year,  and  of  the  amount  then  to  the  credit  of  such  Fund.  The 
surplus  then  remaining  in  such  Fund  exceeding  the  average  annual 
amount  paid  out  of  such  Fund  during  the  three  years  next  preced- 
ing shall  be  transferred  to  and  become  a  part  of  the  Surplus  Fund, 
and  shall  be  no  longer  under  the  control  of  the  Board  or  subject 
to  its  order.  Payments  provided  for  in  this  Chapter  shall  be  made 
quarterly  upon  proper  vouchers.  When  in  any  one  year  a  deficiency 
shall  exist  in  such  Fund,  such  deficiency  shall  be  provided  for  and 
made  good  by  the  Supervisors  in  their  next  ensuing  tax  levy. 


Article  IX,  Chapter  I.    Fire  Department.  149 

AETICLE  IX. 
FIRE  DEPARTMENT. 
CHAPTER     I. 

ORGANIZATION    AND     POWERS. 
Board  of  Four  Commissioners.       Appointed   by   Mayor.       Salary. 

Section  1.  The  Fire  Department  shall  be  under  the  manage- 
ment of  a  Board  of  Fire  Commissioners,  consisting  of  four  mem- 
bers, who  shall  be  appointed  by  the  ^layor,  and  each  of  whom 
shall  receive  an  annual  salary  of  twelve  hundred  dollars.  No 
person  shall  be  appointed  a  Fire  Commissioner  who  shall  not  have 
been  an  elector  of  the  City  and  County  for  at  least  five  years  next 
preceding  his  appointment. 

Political   Affiliations.       Term. 

See.  2.  The  Board  shall  never  be  so  constituted  as  to  consist 
of  more  than  two  members  of  the  same  political  party.  The  term 
of  office  of  the  Commissioners  shall  be  four  years.  Those  first 
appointed  shall  so  classify  themselves  by  lot  that  they  shall  respec- 
tively go  out  of  office  at  the  expiration  of  one,  two,  three  and  four 
years. 

Successors  in  Office. 

Sec.  3.  The  Commissioners  shall  be  successors  in  office  of  the 
Fire  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  or  law  of  this  State. 

Organization.       President.       Secretary.       Salary.       Meetings. 

Sec.  4.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  who  shall  hold  office  for  one  year.  The 
Board  may  appoint  a  Secretary  who  shall  perform  such  duties  as 
the  Board  may  prescribe.  He  shall  receive  an  annual  salary  of 
twenty-four  hundred  dollars.  The  Board  shall  meet  at  least  once 
a  week,  and  as  often  as  the  business  of  the  Department  may  require, 
and  all  its  meetings  shall  be  public. 

Powers  of   Board. 

Sec.  5.  The  Board  shall  organize  the  Department,  create  and 
establish  such  fire  companies  as  it  may  deem  necessary,  prescribe 
the  number  and  duties  of  the  officers,  members  and  employees  of  the 
Department,  and  the  uniforms  and  badges  to  be  worn  by  them; 
have  control  of  all  the  property  and  equipments  of  the  Depart- 
ment, and  exercise  full  power  and  authority  over  all  appropria- 
tions made  for  the  use  of  the  Department. 

Qualifications  of  Firemen,  Mechanics  and  Others. 

Sec.  6.  All  persons  appointed  to  positions  in  the  Department 
must  at  the  time  of  their  appointment  be  citizens  of  the  United 
States,  not  less  than  twenty-one  nor  more  than  thirty-five  years 


150  Charter  of  the  City  and  County  of  San  Francisco. 

of  age,  of  good  character  for  honesty  and  sobriety,  and  able  to 
read  and  write  English;  they  must  have  been  residents  of  the 
City  and  County  at  least  five  years  next  preceding  the  date  of  their 
appointment;  they  must  pass  a  medical  examination  under  such 
rales  and  regulations  as  may  be  prescribed  by  the  Commissioners, 
and  must,  upon  such  examination,  be  found  in  sound  bodily  health ; 
provided,  hoivever,  that  the  age  limit  herein  prescribed  shall  not 
apply  to  engineers  and  pilots  of  fireboats,  to  engineers,  mechanics 
and  employees  of  the  auxiliary  fire  system  or  of  the  corporation 
yard,  or  to  clerks  in  the  office  of  the  Commission;  but  the  age  of 
such  persons  in  this  proviso  named  shall,  at  the  time  of  their 
appointment,  be  not  less  than  twenty-one  nor  more  than  fifty-five 
years;  and,  provided  further,  that  employees  and  appointees  in 
this  proviso  named  shall  not  be  subject  to  nor  derive  any  benefit 
from  the  provisions  of  Chapter  VII  of  this  Article  relating  to 
Firemen's  Relief  Fund.  —  As  amended  November  15,  1910; 
approved  hy  the  Legislature,  February  17,  1911  (Statutes,  1911, 
page  1661). 

Trial   Before   Dismissal. 

Sec.  7.  No  officer,  member  or  employee  of  the  Department  shall 
be  appointed,  transferred  or  removed  because  of  his  political 
opinions,  nor  shall  he  be  transferred  or  dismissed  except  for 
cause,  nor  until  after  a  trial  before  the  Commissioners. 

Powers  and   Duties  of  Commissioners. 

Sec.  8.  The  Commissioners  shall  see  that  the  officers,  members 
and  employees  of  the  Department  faithfully  discharge  their  duties, 
and  that  the  laws,  ordinances  and  regulations  pertaining  to  the 
Department  are  carried  into  effect.  The  Board  shall  make  such 
rules  and  regulations  as  may  be  necessary  to  secure  discipline  and 
efficiency  in  the  Department,  and  for  any  violation  of  such  rules 
and  regulations  may  impose  reasonable  fines  upon  the  officers, 
members  and  employees  of  the  Department,  or  may  suspend  any 
of  them  for  such  reasonable  time  as  the  Board  may  by  rule  pre- 
scribe. Such  fines  shall  be  deducted  from  the  monthly  warrants 
of  the  officers,  members  and  employees  upon  whom  they  are 
imposed,  and  shall  be  transferred  by  the  Treasurer  to  the  Fire- 
men's Relief  and  Pension  Fund. 

Duties  of  Clerk  and  Commissary. 

Sec.  9.  The  Clerk  and  Commissary  of  the  Fire  Department 
Corporation  Yards  shall  not  deliver  any  supplies  or  stores  of  the 
Fire  Department  except  upon  an  order  signed  by  the  Chief  Engi- 
neer and  the  Secretary  of  the  Commissioners;  but  during  a  confla- 
gration, such  material  or  apparatus  as  may  be  required  for  the 
purpose  of  extinguishing  such  conflagration  may  be  withdrawn 
from  said  Corporation  Yards  by  order  of  the  Chief  Engineer,  or 
by  any  officer  in  charge  of  the  force  of  the  Department  at  such 
conflagration. 


Article  IX,  Chapter  II.    Fire  Department.  151 

No  Other  Employment. 

Sec.  10.  No  member  or  employee  of  the  Fire  Department  shall 
be  engaged  in  any  other  employment. 

Two   Platoon    System. 

Sec.  11.  Each  period  of  twenty-four  hours  shall  be  divided 
into  two  tours  of  duty,  to-wit:  from  eight  o'clock  a.  m.  to  six 
o'clock  p.  m.,  and  from  six  o'clock  p.  m.  to  eight  o'clock  a.  m. 
The  uniform  force  of  the  Fire  Department  shall  be  divided  into 
two  platoons,  the  officers  and  members  assigned  to  which  shall 
alternate  on  the  tours  of  duty  at  intervals  of  not  more  than  one 
week.  No  officer  or  member  shall  be  required  to  remain  on  duty 
for  more  than  fourteen  consecutive  hours,  except  when  changing 
from  one  tour  of  duty  to  the  other,  or  in  case  of  a  conflagration 
requiring  the  services  of  more  than  one-half  of  the  force  of  the 
Department. 

The  foregoing  section  shall  take  effect,  and  be  in  force,  from 
and  after  the  first  day  of  January,  1919. — New  Section  added  hy 
amendment  November  7,  1916;  approved  hy  the  Legislature  Janu- 
ary 18,  1917  (Statutes,  1917,  page  1708). 

CHAPTER     II. 

DUTIES    OF    THE    COMMISSIONERS. 

Reorganization   of  the    Department. 

Section  1.  The  Board  of  Fire  Commissioners  shall  immedi- 
ately after  their  appointment  and  qualification  proceed  to  reor- 
ganize the  Fire  Department  in  conformity  with  the  provisions  of 
this  Charter.  In  so  doing  the  Board  shall  make  its  appointments 
of  officers  and  members  from  the  persons  constituting  the  force  in 
the  service  of  the  Fire  Department  at  the  time  this  Charter  goes 
into  effect.  Such  officers  and  members  shall  not  be  required  to 
pass  any  Civil  Service  examination.  All  future  appointments  and 
promotions  shall  be  made  subject  to  the  provisions  of  Article  XIII 
of  this  Charter.  If  any  reduction  is  made  in  the  force  of  the 
Department,  the  Commissioners  may  temporarily  discharge  those 
persons  whose  discharge  shall  be  most  conducive  to  the  efficient 
reorganization  of  the  Department;  but  in  case  of  a  subsequent 
increase  of  the  force,  those  temporarily  discharged  shall  be  reap- 
pointed without  Civil  Service  examination  and  assigned  to  the 
same  rank  in  which  they  were  at  the  time  of  their  discharge. 

Fair  Public  Trial   Before   Dismissal. 

Sec.  2.  No  officer,  member  or  employee  of  the  Department  shall 
be  dismissed  or  transferred  except  for  cause,  nor  until  after  a 
trial.  The  accused  shall  be  furnished  with  a  written  copy  of  the 
charges  against  him  at  least  three  days  previous  to  the  day  of  trial. 
He  shall  have  the  right  to  appear  in  person  and  by  counsel  and 
examine  witnesses  in  his  behalf.  All  witnesses  shall  be  examined 
under  oath,  and  all  trials  shall  be  public. 


152  Charter  of  the  City  and  County  of  San  Francisco. 

Salary  During  Disability. 

Sec.  3.  When  any  officer,  member  or  employee  of  the  Depart- 
ment shall  become  temporarily  disabled  by  reason  of  injuries 
received  while  in  the  actual  performance  of  his  duty  therein  so  as 
to  incapacitate  him  from  performing  his  duty,  the  Commissioners 
shall  allow  his  salary  during  the  continuance  of  such  temporary 
disability. 

Performance  of  Contracts. 

Sec.  4.  The  Commissioners  shall  see  that  all  contracts  awarded 
and  work  done  for  the  Department  are  faithfully  performed,  and 
shall,  upon  the  awarding  of  any  such  contract,  exact  an  adequate 
bond  for  the  prompt  and  faithful  performance  of  the  same. . 

The  provisions  of  Article  II,  Chapter  III,  of  this  Charter  in 
regard  to  the  advertising  for  proposals,  the  affidavit  and  security 
accompanying  the  same,  the  presentation  and  opening  of  pro- 
posals, the  awarding  of  contracts  and  the  security  for  the  perform- 
ance thereof,  shall,  so  far  as  the  same  can  be  made  applicable, 
apply  to  all  proposals  and  contracts  made,  awarded  or  entered 
into  for  furnishing  supplies  to  the  Fire  Department.  Any  con- 
tract made  in  violation  of  any  of  the  provisions  of  this  Chapter 
shall  be  void. 

CHAPTER    III. 

THE  CHIEF   ENGINEER. 
Duties  of  Chief  Engineer  and   Assistants. 

Section  1.  The  Board  of  Fire  Commissioners  shall  appoint  a 
Chief  Engineer,  who  shall  be  charged  with  the  special  duty  of 
superintending  the  extinguishment  of  fires.  The  Chief  Engineer 
shall  be  the  chief  executive  officer  of  the  Fire  Department,  and 
it  shall  be  his  duty  and  that  of  the  Assistant  Chief  Engineers  and 
of  the  Battalion  Chiefs  to  see  that  all  laws,  orders,  rules  and  regula- 
tions in  force  in  the  City  or  County,  or  made  by  the  Commissioners 
concerning  the  Fire  Department,  are  enforced. 

Powers  of  Chief  Engineer. 

Sec.  2.  The  Chief  Engineer  may  suspend  any  subordinate 
officer,  member,  or  employee  of  the  Department  for  incompetency, 
or  for  any  violation  of  the  rules  and  regulations  of  the  Fire 
Department,  and  shall  forthwith  report  in  writing  such  suspension, 
with  his  reasons  therefor,  to  the  Commissioners  for  their  action. 
He  shall  diligently  observe  the  condition  of  the  apparatus  and 
workings  of  the  Department  and  report  in  writing  thereon  at 
least  once  a  month  to  the  Board  and  make  such  recommendations 
and  suggestions  respecting  the  same  as  he  may  deem  proper.  In 
the  absence  or  inability  of  the  Chief  Engineer,  an  Assistant  Chief 
Engineer  shall  perform  his  duties. 

Destruction  of  Buildings. 

Sec.  3.  The  Chief  Engineer,  or,  in  his  absence,  the  Assistant 
Chief  Engineers,  or,  in  their  absence,  any  Battalion  Chief  in  charge, 


Article  IX,  Chapter  V,    Fire  Department.  153 

may,  during  a  conflagration,  cause  to  be  cut  down  or  otherwise 
removed  any  buildings  or  structures  for  the  purpose  of  checking 
the  progress  of  such  conflagration. 

Chiefs'    Operators. 

Sec.  4.  The  Chief  Engineer  may  detail  for  duty  as  Chiefs' 
Operators  such  members  of  the  Department  as  he  may  select,  not 
to  exceed  one  such  Operator  for  each  Chief,  Assistant  Chief  and 
Battalion  Chief.  The  members  so  detailed  shall  be  known  and 
ranked  as  Chiefs'  Operators.  Each  of  said  Chiefs'  Operators  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars.  They  may  be 
removed  from  such  detail  at  any  time,  by  the  Chief  Engineer. — 
Section  added  by  amendment  November  5,  1907 ;  approved  hy  the 
Legislature  November  22,  1907  (Statutes  Special  Session,  1907, 
page  22). 

CHAPTER  IV. 

FIRE    COMPANIES. 
Fire   Companies,   of   Whom   Composed. 

Section  1.  Each  Steam  Fire  Engine  Company  shall  be  com- 
posed of  not  more  than  one  Captain,  one  Lieutenant,  one  Engi- 
neer, one  Driver,  one  Stoker  and  six  Hosemen. 

Each  Hook  and  Ladder  Company  shall  be  composed  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Driver,  one  Tillerman  and 
eight  Truckmen. 

Each  Chemical  Engine  Company  shall  be  composed  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Driver  and  one  Hoseman. 

Each  Water  Tower  Company  shall  be  composed  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Driver,  and  one  Hoseman. 

Each  Fire  Boat  Company  shall  be  composed  of  not  more  than 
one  Captain,  one  Lieutenant,  two  Pilots,  two  Engineers,  three 
Firemen  and  twelve  Hosemen. — As  amended  November  5,  1907 ; 
approved  by  the  Legislature  November  22,  1907  (Statutes  Special 
Session,  1907,  page  22). 

CHAPTER  V. 

FIRE     MARSHAL. 
Marshal  and  Assistant. 

Section  1.  The  Board  of  Fire  Commissioners,  on  the  written 
recommendation  of  the  Board  of  Directors  of  the  corporation 
known  as  the  Underwriters'  Fire  Patrol  of  San  Francisco,  may 
appoint  such  persons  as  may  be  recommended  by  said  Board  of 
Directors  as  Fire  Marshal  and  Assistant  Fire  Marshal.  Vacancies 
occurring  in  the  office  of  Fire  Marshal  or  Assistant  Fire  Marshal 
shall  be  filled  in  the  same  manner.  The  salaries  of  said  Fire  Mar- 
shal and  of  his  assistant  and  deputies  shall  be  fixed  and  paid  by 
said  Board  of  Directors  of  said  Underwriters'  Fire  Patrol  of  San 


154  Charter  of  the  City  and  County  of  San  Francisco. 

Francisco,  and  in  no  event  shall  the  City  and  Coun.ty  be  liable 
therefor  or  for  any  part  thereof. 

Duties. 

Sec.  2.  The  Fire  Marshal,  or,  in  case  of  his  disability,  the 
Assistant  Fire  Marshal,  shall  attend  all  fires  which  may  occur  in 
the  City  and  County,  and  he  shall  take  charge  of  and  protect  all 
property  which  may  be  imperiled  thereby. 

Powers. 

Sec.  3.  The  Fire  Marshal  may  call  upon  policemen  during  the 
time  of  any  fire  for  the  purpose  of  protecting  property  until  the 
arrival  of  the  owner  or  claimant  thereof,  and  in  case  the  owner 
or  claimant  of  such  property  does  not  take  charge  of  the  same 
within  twenty-four  hours  the  Fire  Marshal  may  have  such  prop- 
erty stored  at  the  owner 's  or  claimant 's  expense. 

Powers  and   Duties  of  Fire   Marslial. 

Sec.  4.  The  Fire  Marshal  shall  be  charged  with  the  enforce- 
ment of  all  laws  and  ordinances  relating  to  the  storage,  sale  and 
use  of  oils,  combustible  materials  and  explosives,  together  with 
the  investigation  of  the  cause  of  all  fires.  In  all  cases  where  there 
is  reason  to  believe  that  fires  are  the  result  of  crime  or  that  crime 
has  been  committed  in  connection  therewith,  the  Fire  Marshal 
must  report  the  same  in  writing  to  the  District  Attorney.  The 
Fire  Marshal  shall  also  have  the  care  of,  and  may  sell,  subject  to 
the  orders  of  the  Board  of  Fire  Commissioners,  all  property  saved 
from  fire  for  which  no  owner  can  be  found,  and  at  once  pay  the 
amount  realized  from  any  such  sale  into  the  treasury.  He  shall 
exercise  the  functions  of  a  police  officer. 

Deputies. 

Sec.  5.  The  Fire  Marshal  shall  have  power  to  appoint  deputies 
for  inspecting  buildings,  but  such  deputies  shall  receive  no  com- 
pensation for  their  services  from  the  City  and  County. 

CHAPTER  VI. 

FIRE  WARDEN. 
Safety  of  Buildings. 

Section  1.  The  Chief  Engineer,  Assistant  Chief  Engineers, 
Battalion  Chiefs  and  the  Fire  Marshal  shall  constitute  a  Board 
of  Fire  Wardens,  with  power  to  inspect  and  report  to  the  Board 
of  Public  Works  as  to  the  safety  of  buildings  and  other  structures 
within  the  City  and  County. 

CHAPTER    VII. 

FIREMEN'S    RELIEF    FUND. 
Board  of  Trustees. 

Section  1.  In  order  to  continue  in  force  and  make  effectual 
pensions  already  existing  in  favor  of  firemen,  a  fund  is  hereby 


Article  IX,  Chapter  VII.    Fire  Department.  155 

created  to  be  known  and  designated  as  the  Firemen's  Relief  Fund. 
The"  Board  of  Fire  Commissioners  of  the  City  and  County  and  its 
successors  in  office  shall  constitute  a  Board  of  Trustees  of  said 
Fund.  The  Board  shall  be  known  as  the  Board  of  Fire  Pension 
Fund  Commissioners. 

Tax  for  Relief  Fund. 

Sec.  2.  There  shall  be  annually  levied,  collected  and  appor- 
tioned to  the  Firemen's  Relief  Fund  a  tax  sufficient  to  meet  and 
pay  all  demands  upon  said  Fund,  for  the  purposes  set  out  in  this 
Chapter. 

Retirement.       Pensions. 

Sec.  3.  The  Commissioners  shall,  upon  the  application,  duly 
verified,  of  any  officer  or  member  of  the  Fire  Department  who 
shall  have  served  as  an  active  member  of  the  Fire  Department 
for  twenty-five  years  continuously  next  preceding  the  date  of  said 
application,  or,  of  any  officer  or  member  of  the  Fire  Department 
who  shall  have  reached  the  age  of  fifty-five  years,  and  shall  have 
served  as  an  active  member  of  the  Fire  Department  for  twenty 
years  continuously  next  preceding  the  date  of  said  application, 
retire  and  relieve  from  service  such  officer  or  member;  provided, 
also,  that  the  Commissioners  may,  by  a  unanimous  vote,  retire 
and  relieve  from  service  any  aged,  disabled  or  infirm  officer  or 
member  of  the  Fire  Department  who  has  arrived  at  the  age  of 
sixty  years,  and  has  served  as  an  active  member  of  the  Depart- 
ment for  twenty  years  continuously  next  preceding  such  age,  and 
who  upon  examination  by  two  regularly  certificated  practicing 
physicians,  appointed  by  the  Commissioners  for  that  purpose,  may 
be  ascertained  to  be  by  reason  of  such  age,  infirmity,  or  other  dis- 
ability, unfit  for  the  performance  of  his  duties.  Such  retired 
officer  or  member  shall  receive  from  the  Firemen's  Relief  Fund 
a  monthly  pension  equal  to  one-half  the  amount  of  the  salary 
attached  to  the  rank  held  by  him  for  three  years  prior  to  the  date 
of  his  retirement,  and  the  same  shall  cease  at  his  death. — As 
amended  November  5,  'l907 ;  approved  by  the  Legislature  Novem- 
ber 22,  1907  (Statutes  Special  Session,  1907,  page  21). 

Physical   Disabilities.       Annual   Pension. 

Sec.  4.  Any  member  of  the  Fire  Department  who  shall  become 
physically  disabled  by  reason  of  any  bodily  injury  received  in  the 
performance  of  his  duty,  upon  his  filing  with  the  Commissioners 
a  verified  petition  setting  forth  the  facts  constituting  such  dis- 
ability and  the  cause  thereof,  accompanied  by  a  certificate  signed 
by  the  Chief  of  the  Fire  Department,  the  Captain  of  the  Company 
to  which  he  belongs,  and  by  two  regularly  certificated  physicians 
of  the  City  and  County,  recommending  his  retirement  upon  a  pen- 
sion on  account  of  such  disability,  may  be  retired  from  the  Depart- 
ment upon  an  annual  pension  equal  to  one-half  the  amount  of 
salary  attached  to  the  rank  which  he  may  have  held  three  years 


156  Charter  of  the  City  and  County  of  San  Francisco, 

prior  to  the  date  of  such  retirement,  to  be  paid  to  him  during  his 
life  and  to  cease  at  his  death.  In  case  his  disability  shall  cease 
his  pension  shall  cease,  and  he  shall  be  restored  to  the  service  in 
the  rank  he  occupied  at  the  time  of  his  retirement. 

Family  of  Member  Killed.     Pension  to  Widow,  Children  and  Parents. 

Sec.  5.  The  Commissioners  shall,  out  of  the  Firemen's  Belief 
Fund,  provide  as  follows  for  the  family  of  any  officer,  member  or 
employee  of  the  Fire  Department  who  may  be  killed  or  injured 
while  in  the  performance  of  his  duty,  and  who  shall  have  died 
within  one  year  from  the  date  of  such  injury,  and  the  receipt  by 
such  officer,  member  or  employee  of  any  relief  under  this  Chapter, 
during  his  lifetime  shall  not  bar  the  said  family  from  the  benefits 
of  this  section. 

First — Should  the  decedent  be  married,  his  widow  shall  as  long 
as  she  may  remain  unmarried  be  paid  a  monthly  pension  equal  to 
one-half  of  the  salary  attached  to  the  rank  held  by  the  decedent 
at  the  time  of  his  death. 

Second — Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  such 
children  shall  collectively  receive  a  pension  equal  to  one-half  of 
the  salary  attached  to  the  position  held  by  their  father  at  the 
time  of  his  death  until  the  youngest  attains  the  age  of  sixteen 
years. 

Third — Should  the  decedent  leave  no  widow  and  no  orphan  child 
or  children,  but  leave  a  parent  or  parents  depending  solely  upon 
him  for  support,  such  parents,  so  depending,  shall  collectively 
receive  a  pension  equal  to  one-half  of  the  salary  attached  to  the 
position  held  by  the  decedent  at  the  time  of  his  death,  during  such 
time  as  the  Commissioners  may  unanimously  determine  its  neces- 
sity. 

Fourth — Any  member  or  members  of  the  family  of  the 
deceased  claiming  to  be  entitled  to  a  pension  under  the 
provisions  of  this  section,  shall  file  a  verified  petition  therefor 
with  said  Commission,  which  petition  shall  thereafter  be  heard 
by  said  Board,  upon  such  reasonable  notice  to  the  petitioner 
or  petitioners  of  the  time  and  place  of  such  hearing,  as  said 
Board  may  by  rule  or  order  prescribe.  Said  petitioner  or 
.petitioners  shall  be  entitled,  upon  such  hearing,  to  appear 
personally  and  by  counsel.  Upon  such  hearing  any  interested 
person  shall  have  the  right  to  introduce  testimony  relative  to 
the  matters  set  forth  in  said  petition.  The  judgment  of  said 
Commissioners  respecting  said  application  shall  be  final,  unless 
in  determining  said  application  said  Commissioners  commit 
a  clear  abuse  of  discretion. — As  amended  November  7,  1916; 
approved  hy  the  Legislature  January  18,  1917  (Statutes  1917, 
page  1708). 

Forfeiture  of  Pensions. 

Sec.  6.  Any  person  receiving  a  pension  from  the  Firemen's 
Relief  Fund,  who  shall  be  convicted  of  felony,  or  who  shall  become 


Article  IX,  Chapter  VII.    Fire  Department.  157 

dissipated,  an  habitual  drunkard,  or  who  shall  become  a  non-resi- 
dent of  this  State,  shall  forfeit  all  right  to  said  pension. 

Rules  and   Regulations. 

Sec.  7.  The  Commissioners  shall  make  rules  and  regulations  to 
carry  out  the  provisions  of  this  Chapter  and  to  enforce  compliance 
therewith  on  the  part  of  the  members  of  the  Department.  It  shall 
make  up  an  estimate  every  year  of  the  amount  required  to  pay  all 
demands  on  the  Firemen's  Relief  Fund  for  the  succeeding  fiscal 
year,  and  certify  the  same  to  the  Supervisors  in  connection  with 
and  as  a  part  of  the  annual  appropriation  for  the  Fire  Department. 

Meetings.       Record  of  Proceedings.       List  of  Pensioners. 

Sec.  8.  The  Board  of  Fire  Pension  Fund  Commissioners  shall 
hold  quarterly  meetings  on  the  first  Mondays  of  April,  July,  Octo- 
ber, and  January  of  each  year,  and  upon  the  call  of  its  President. 
It  shall  issue  warrants  signed  by  its  President  and  Secretary,  to 
the  persons  entitled  thereto,  for  the  amount  of  money  ordered  paid 
to  such  persons  from  the  Firemen's  Relief  fund.  Each  warrant 
shall  state  for  what  purpose  the  payment  is  made. 

The  Board  of  Fire  Pension  Fund  Commissioners  shall  keep  a 
public  record  of  its  proceedings.  It  shall  at  each  quarterly  meet- 
ing send  to  the  Treasurer  and  to  the  Auditor  a  written  or  printed 
list  of  all  persons  entitled  to  payment  from  the  Relief  Fund, 
stating  the  amounts  of  such  payments  and  for  what  granted.  Such 
list  shall  be  certified  and  signed  by  the  President  and  Secretary  of 
the  Board.  The  Auditor  shall  thereupon  enter  a  copy  of  such  list 
upon  a  book  to  be  kept  for  that  purpose,  which  shall  be  known  as 
the  Firemen's  Relief  Fund  Book.  All  warrants  signed  by  the 
President  and  Secretary  of  the  Board  shall  be  presented  to  the 
Auditor,  and  be  audited  and  ordered  paid  by  him  out  of  said  Fund. 

Powers  of  Board.       Secretary. 

Sec.  9.  The  Board  of  Fire  Pension  Fund  Commissioners  shall 
possess  the  powers  vested  in  the  Board. of  Fire  Commissioners  to 
make  rules  and  regulations  for  its  guidance.  It  may  appoint  a 
Secretary  and  provide  for  the  payment  from  said  Fund  of  all  its 
necessary  expenses,  not  exceeding  fifty  dollars  for  any  one  month," 
including  the  salary  of  the  Secretary  and  printing;  but  no  com- 
pensation shall  be  paid  to  any  member  of  the  Board  for  any  duty 
required  or  performed  as  Fire  Pension  Fund  Commissioner. 

Sec.  10.  All  firemen  who  were  retired  under  the  provisions  of 
the  law  prior  to  January  1,  1900,  shall  be  entitled  to  receive  from 
the  Fund  in  this  Chapter  provided  for,  the  sum  of  forty-five  dollars 
a  month,  from  and  after  July  1,  1911. — Section  added  hy  amend- 
ment Novemher  15 y  1910:  approved  hy  the  Legislature  February  17, 
1911  (Statutes,  1911,  page  1661). 


158  Charter  of  the  City  and  County  of  San  Francisco. 

CHAPTER  VIII. 

SALARIES    AND    VACATIONS. 
Fire  Department.      Salaries. 

Section  1.  The  officers  and  members  of  the  Fire  Department 
shall  receive  annual  salaries  as  follows:  Chief  Engineer,  five 
thousand  dollars;  First  Assistant  Chief  Engineer,  thirty-six  hun- 
dred dollars;  Second  Assistant  Chief  Engineer,  three  thousand 
dollars;  Battalion  Chiefs,  each,  twenty-seven  hundred  dollars; 
Superintendent  of  Engines,  twenty-seven  hundred  dollars;  the 
Clerk  and  Commissary  of  the  Corporation  Yards,  eighteen  hundred 
dollars;  Captains,  each,  eighteen  hundred  and  sixty  dollars;  Lieu- 
tenants, each,  seventeen  hundred  and  ten  dollars;  Engineers,  each, 
sixteen  hundred  and  eighty  dollars;  Drivers,  Stokers,  Tillermen, 
Truckmen  and  Hosemen,  for  the  first  year  of  service,  each,  twelve 
hundred  dollars ;  for  the  second  year  of  service,  each,  thirteen  hun- 
dred and  twenty  dollars;  and  for  the  third  year  of  service,  and 
thereafter,  each  fourteen  hundred  and  forty  dollars;  Hydrantmen, 
each,  twelve  hundred  dollars;  Superintendent  of  Horses,  eighteen 
hundred  and  sixty  dollars;  Draymen,  each,  twelve  hundred  dol- 
lars; Watchmen,  each,  twelve  hundred  dollars;  Hostlers,  each, 
twelve  hundred  dollars ;  Pilots  of  Fire  Boats,  each,  twenty-one  hun- 
dred dollars ;  Engineers  of  Fire  Boats,  each,  twenty-one  hundred 
dollars;  Firemen  of  Fire  Boats,  each,  twelve  hundred  dollars. 

Salaries  of  Officers,  Members  and  Employees. 

Sec.  114.  The  officers,  members  and  employees  mentioned  in 
Section  1  of  this  Chapter,  who  receive  an  annual  salary  of  eighteen 
hundred  and  sixty  dollars  or  less,  shall  during  the  five  years  com- 
mencing July  1,  1919,  receive  and  be  paid  the  sum  of  twenty  dol- 
lars per  month  in  addition  to  the  salaries  therein  specified;  pro- 
vided, further,  that  the  amount  of  the  pension  as  set  forth  in  Sec- 
tions 3,  4  and  5  of  Chapter  VII,  Article  IX  of  this  Charter,  shall 
be  computed  and  based  upon  the  amount  of  salary  of  each  officer, 
member  and  employee  of  the  Fire  Department  in  effect  before  this 
amendment;  the  purpose  of  this  amendment  being  to  increase  the 
salary  of  each  officer,  member  and  employee  herein  mentioned  for 
the  period  specified  herein,  but  not  to  increase  the  pensions  men- 
tioned in  Sections  3,  4  and  5  of  Chapter  VII,  Article  IX  over  or 
above  the  amounts  provided  before  the  adoption  of  this  amend- 
ment.— New  section  added  hy  amendment  November  5,  1918; 
approved  hy  the  Legislature  January  17,  1919  (Statutes,  1919). 

Vacations. 

Sec.  2.  Each  officer  and  member  of  the  Fire  Department  shall 
be  allowed,  during  each  year  of  his  service,  a  vacation  of  not  less 
than  fifteen  days'  duration,  and  also  leaves  of  absence  of  not  less 
than  twenty-four  hours'  duration,  not  less  times  than  once  in  each 
week.  Said  vacations  and  leaves  of  absence  to  be  without  loss  of 
pay. — Chapter  amended  November  5,  1907 ;  approved  hy  the  Legis- 
lature November  22, 1907  (Statutes  Special  Session,  1907,  page  20). 


Article  IX,  Chapter  IX.    Department  of  Electricity.        159 
CHAPTER  IX. 

DEPARTMENT    OF    ELECTRICITY. 
How  Constituted. 

Section  1.  There  is  hereby  created  a  Department  of  Electricity, 
which  shall  have  charge  of  the  construction  and  maintenance  of 
the  Fire  Alarm  and  Police  Telegraph  and  Telephone  Systems,  and 
shall  be  under  the  control  of  a  joint  Commission  composed  of  the 
Board  of  Fire  Commissioners  and  the  Board  of  Police  Commis- 
sioners. 
Chief   Electrician.       Salary. 

Sec.  2.  There  shall  be  appointed  by  the  Board  of  Fire  Com- 
missioners and  Board  of  Police  Commissioners,  acting  in  joint 
session,  a  practical  and  skilled  Electrician,  and  who  shall  have 
general  supervision  of  the  Department  of  Electricity.  He  shall 
receive  a  salary  of  three  thousand  dollars  per  annum. 
Employees,  Department  of  Electricity. 

Sec.  3.  The  Joint  Commission  may  appoint  such  assistants  and 
other  employees  as  may  be  necessary  to  efficiently  maintain,  extend 
and  repair  the  Department  of  Electricity  at  all  times.  All  appoint- 
ments shall  be  made  subject  to  the  provisions  of  Article  XIII 
hereof.  The  number  and  compensation  of  all  such  assistants  and 
other  employees  of  the  Department  of  Electricity  shall  be  fixed 
annually  by  the  Supervisors,  but  no  compensation  to  any  of  such 
persons  shall  be  greater  than  is  paid  in  similar  employments.  Any 
person  who,  under  a  classification  of  positions  by  the  Civil  Service 
Commission,  has  been  appointed  in  conformity  with  Article  XIII 
of  this  Charter,  and  who  has  served  the  probation  period  required 
by  said  Article,  is  hereby  declared  appointed  within  the  provisions 
of  Article  XIII  to  said  position  so  classified. — As  amended  Novem- 
ber 5,  1907 ;  approved  hy  the  Legislature  November  23,  1907  (Stat- 
utes Special  Session,  1907,  page  59). 
Jurisdiction. 

Sec.  4.     The  Fire  Department  and  the  Police  Department  shall 
each  have  sole  control  over  its  own  systems  and  wires. 
Citizens  May  Connect  With  System. 

Sec.  5.  Any  citizen,  firm  or  corporation  may,  for  the  purpose 
of  police  and  fire  protection,  be  connected  with  the  Police  or  Fire 
Signal  System,  or  Telephone  or  Telegraph  System,  upon  making 
fair  payment  for  the  connection  and  use  of  the  same.  Such  rates 
of  payment  shall  be  fixed  by  ordinance  of  the  Supervisors;  but  no 
connection  shall  be  made  so  as  to  interfere  with  the  use  of  the 
main  line. 
Supervise    Electrical   Wires  and   Appliances. 

See.  6.  The  Department  of  Electricity  is  also  charged  with  the 
duty  of  enforcing  all  the  rules,  regulations,  orders  and  require- 
ments made  by  ordinance  of  the  Supervisors  in  regard  to  the 
inspection  and  supervision  of  electrical  wires  and  appliances,  and 
the  currents  for  furnishing  light,  heat  or  power  in  and  upon  streets 
and  buildings  in  the  City  and  County. 


160  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  X. 

DEPARTMENT  OF  PUBLIC  HEALTH. 

How  Constituted. 

Section  1.  There  shall  be  a  Department  of  Public  Health  under 
the  management  of  a  Board  of  Health.  The  Board  shall  consist 
of  seven  members,  all  of  whom  shall  be  appointed  by  the  Mayor, 
and  three  only  of  whom  shall  be  physicians.  Said  physicians  shall 
be  regularly  certificated  physicians  of  the  City  and  County  at  the 
time  of  their  appointment,  and  must  have  been  such  for  at  least 
five  years  next  preceding  their  appointment.  The  members  of  the 
Board  shall  serve  without  compensation.  They  shall  elect  one  of 
their  members  President,  and  shall  adopt  such  rules  and  regula- 
tions as  may  be  necessary  for  the  government  of  the  Board. — As 
amended  November  5, 1907 ;  approved  by  the  Legislature  November 
23,  1907  (Statutes  Special  Session,  1907,  page  58). 

Terms  of  Office   of   Health    Board. 

Sec.  2.  The  appointed  members  of  the  Board,  excepting  those 
first  appointed,  shall  hold  office  for  seven  years.  Those  first  ap- 
pointed under  this  Charter  shall  so  classify  themselves  by  lot  that 
one  of  them  shall  go  out  of  office  at  the  end  of  one  year;  one  at 
the  end  of  two  years ;  one  at  the  end  of  three  years ;  one  at  the  end 
of  four  years;  one  at  the  end  of  five  years;  one  at  the  end  of  six 
years;  and  one  at  the  end  of  seven  years. 

Within  thirty  days  after  the  ratification  of  this  amendment  by 
the  Legislature  of  the  State  of  California,  the  offices  of  the  then 
incumbent  members  of  the  Board  of  Health  shall  become  vacant, 
and  the  Mayor  shall  thereupon  proceed  to  appoint  a  Board  of 
Health  pursuant  to  the  provisions  of  the  preceding  section. — As 
amended  November  5,  1907 ;  approved  by  the  Legislature  November 
23,  1907  (Statutes  Special  Session,  1907,  page  59). 

Powers  and  Duties  of  Board. 

Sec.  3.  The  Board  shall  have  the  management  and  control  of 
the  City  and  County  Hospitals,  Almshouses,  Ambulance  Service, 
Municipal  Hospitals,  Receiving  Hospitals,  and  of  all  matters  per- 
taining to  the  preservation,  promotion  and  protection  of  the  lives 
and  health  of  the  inhabitants  of  the  City  and  County;  and  it  may 
determine  the  nature  and  character  of  nuisances  and  provide  for 
their  abatement. 

It  shall  have  the  sanitary  supervision  of  the  municipal  institu- 
tions of  the  City  and  County,  including  jails,  schoolhouses  and  aD 
public  buildings;  of  the  disposition  of  the  dead;  of  the  disposition 
of  garbage,  offal  and  other  offensive  substances. 

Except  as  provided  in  Article  II,  Chapter  III,  of  this  Charter, 
it  shall  have  the  exclusive  control  and  disposition  of  all  expendi- 
tures necessary  in  the  institutions  under  its  immediate  control. 


Article  X.    Department  of  Public  Health.     '  161 

Enforce  Ordinances  of  Supervisors. 

Sec.  4.  The  Board  shall  enforce  all  ordinances,  rules  and  regu- 
lations which  may  be  adopted  by  the  Supervisors  for  the  carry- 
ing out  and  enforcement  of  a  good  sanitary  condition  in  the  City 
and  County;  for  the  protection  of  the  public  health;  for  deter- 
mining the  nature  and  character  of  nuisances  and  for  their  abate- 
ment; and  for  securing  the  proper  registration  of  births,  deaths 
and  other  statistical  information.  It  shall  from  time  to  time  sub- 
mit to  the  Supervisors  a  draft  of  such  ordinances,  rules  and  regu- 
lations as  it  may  deem  necessary  to  promote  the  objects  mentioned 
in  this  section. 

Appointees.       Salaries.       Duties. 

Sec.  5.  The  Board  may  appoint  such  ofiScers,  agents  and  em- 
ployees as  may  be  necessary  for  the  proper  and  efficient  carrying 
out  and  enforcement  of  the  purposes  and  duties  of  the  Board,  and 
may  fix  their  salaries  and  prescribe  their  duties.  All  appointments 
in  the  Department  shall  be  made  under  the  provisions  of  Article 
XIII  of  this  Charter,  and  no  person  so  appointed  by  the  Board 
shall  be  removed  without  cause. 

City  Hospital  Physician. 

Sec.  6.  The  Board  may  appoint  a  Resident  Physician  of  the 
City  and  County  Hospital,  who  must  be  a  regularly  certified  physi- 
cian, and  who  must  have  been  a  resident  of  the  City  and  County 
for  at  least  five  years  next  preceding  his  appointment.  He  shall 
devote  his  time  exclusively  to  the  duties  of  his  office. 

Physicians  and  Surgeons  for  City  Hospital. 

Sec.  7.  The  Board  shall  appoint  for  the  City  and  County  Hos- 
pital at  least  two  visiting  physicians  and  at  least  two  visiting  sur- 
geons, who  shall  receive  no  compensation  for  their  services,  but 
who  shall  have  the  privilege  of  teaching  students  in  their  hospital 
wards.  Any  student  who  is  actively  engaged  in  the  study  of  medi- 
cine shall  have  the  benefit  of  clinical  instruction  in  any  of  the  hos- 
pital wards. 

Inebriates. 

Sec.  8.  The  Board  may  set  aside  one  ward  in  the  City  and 
County  Hospital  for  the  treatment  of  confirmed  inebriates. 

Internes  to   City   Hospital.       How  Appointed   and   Controlled. 

Sec.  9.  The  Board  may  appoint  such  undergraduates  and  other 
internes  to  the  City  and  County  Hospital  as  it  may  deem  necessary. 
They  shall  be  appointed  after  a  competitive  examination  by  the 
Board  in  any  or  all  branches  of  medicine  and  surgery,  and  shall 
receive  board  and  lodging  free  for  their  services.  They  shall  be 
under  the  control  and  direction  of  the  Resident  Physician,  who 
may  remove  any  of  them  for  neglect  of  duty,  or  for  other  good  and 
sufficient  cause,  subject  to  an  appeal  to,  and  final  decision  by,  said 
Board. 


162  Charter  of  the  City  and  County  of  San  Francisco. 

Salaries. 

Sec.  10.  The  Board  shall  fix  annually  the  salaries  of  all  officers 
and  employees  of  the  Board.  Such  compensation  shall  not  exceed 
salaries  paid  for  similar  services  in  private  institutions  of  like 
character. 

Limit  to  Number  of  Employees. 

Sec.  11.  The  ratio  of  employees  to  inmates  of  any  institution 
under  the  care  of  the  Board  shall  not  exceed  that  maintained  by 
private  institutions  of  like  character. 


Article  XI,  Chapter  I.    Department  of  Elections.  163 

AETICLE  XI. 

DEPARTMENT  OF  ELECTIONS. 
CHAPTER  I. 

BOARD  OF    ELECTION   COMMISSIONERS. 
Appointed  by  Mayor.    Term.     Salary.    Qualifications. 

Section  1.  The  conduct,  management  and  control  of  the  regis- 
tration of  voters,  and  of  the  holding  of  elections,  and  of  all  mat- 
ters pertaining  to  elections  in  the  City  and  County,  shall  be  vested 
exclusively  in  and  exercised  by  a  Board  of  Election  Commissioners, 
consisting  of  five  members,  who  shall  be  appointed  by  the  Mayor, 
and  shall  hold  office  for  four  years.  Each  of  the  Commissioners 
shall  receive  an  annual  salary  of  one  thousand  dollars.  Each  mem- 
ber of  the  Board  must  be  an  elector  of  the  City  and  County  at  the 
time  of  his  appointment  and  must  have  been  such  for  five  years 
next  preceding  such  time.  Those  first  appointed  must,  immediately 
after  their  appointment,  so  classify  themselves  by  lot  that  one 
shall  go  out  of  office  at  the  end  of  one  year,  one  at  the  end  of  two 
years,  one  at  the  end  of  three  years,  and  two  at  the  end  of  four 
years. 

The  Mayor  shall  not  make  any  appointment  upon  the  Board  at 
any  time  before  thirty  days  prior  to  the  time  when  such  appointee 
is  to  take  office.  Two  of  the  five  members  first  appointed  shall  be 
chosen  from  each  of  the  two  political  parties  casting  in  the  City 
and  County  the  highest  vote  for  Governor  or  electors  of  President 
and  Vice-President,  as  the  case  may  be,  at  the  last  preceding  gen- 
eral election.  The  fifth  member  shall  be  chosen  from  the  political 
party  casting  the  third  highest  such  vote  at  such  election,  if  there 
be  such  third  party,  and  if  not,  then  at  the  discretion  of  the  Mayor. 
Upon  the  expiration  of  the  term  of  office  of  any  Commissioner,  the 
appointee  must  be  chosen  from  the  same  political  party  as  the  re- 
tiring Commissioner,  consistently  with  the  foregoing  provisions  as 
to  equal  representation  •  at  all  times  of  the  two  political  parties 
casting  the  highest  vote  at  the  general  election  last  preceding  the 
appointment  in  question  as  prescribed  in  this  section. 

Not  to  Take  Part  in  Politics. 

Sec.  2.  No  member  of  the  Board,  nor  Registrar,  nor  Deputy 
Registrar,  shall,  during  his  term  of  office,  be  a  member  of  any 
convention  the  purpose  of  which  is  to  nominate  candidates  for 
office :  nor  be  eligible  to  any  other  municipal  office  during  the  term 
for  which  he  shall  have  been  appointed,  or  for  one  year  thereafter; 
nor  act  as  officer  of  any  election  or  primary  election ;  nor  take  part 
in  any  election  except  to  vote  and  when  acting  as  Election  Com- 
missioner, at  which  time  he  shall  perform  only  such  official  duties 
as  may  be  required  of  him  by  law  and  by  this  Charter. 


164  Charter  of  the  City  and  County  of  San  Francisco. 

President.  Registrar  of  Voters,  Salary.  Term.  Secretary.  Duties. 
Sec.  3.  The  Commissioners  shall  organize  within  ten  days  after 
their  appointment  by  choosing  one  of  their  number  President.  In 
case  of  failure  to  agree,  he  shall  be  selected  by  lot.  He  shall  hold 
office  for  one  year,  and  until  his  successor  is  chosen.  The  Board 
shall  appoint  a  Registrar  of  Voters,  who  shall  receive  an  annual 
salary  of  twenty-four  hundred  dollars.  The  Registrar  shall  be 
the  Secretary  of  the  Board,  and  shall  keep  a  record  of  its  proceed- 
ings, and  shall  execute  all  orders  and  enforce  all  rules  and  regula- 
tions adopted  by  the  Board.  The  term  of  office  of  Registrar  shall 
be  four  years. 

Clerks.      Salaries. 

Sec.  4.  The  Board  may  appoint  such  other  clerical  assistants  as 
may  be  necessary  at  a  salary  not  to  exceed  one  hundred  dollars  a 
month  each  for  the  time  actually  employed.  The  Board  shall,  by 
resolution  adopted  by  a  majority  vote  of  all  its  members  and  enter- 
ed upon  its  minutes,  designate  the  service  to  be  rendered  by  such 
assistants  and  the  time  for  which  they  shall  be  employed.  The  time 
of  employment  of  such  assistants  shall  not  be  extended  except  by 
like  resolution  of  the  Board,  and  when  a  salary  shall  have  been 
once  fixed  it  shall  not  be  increased.  This  section  is  subject  to  the 
provisions  of  Article  XIII  of  this  Charter. 

Sec.  5.  All  provisions  of  the  General  Laws  of  this  State,  includ- 
ing penal  law^s,  respecting  elections,  not  inconsistent  wdth  the  pro- 
visions of  Chapter  II  hereof,  shall  be  applicable  to  all  elections 
held  in  the  City  and  County  of  San  Francisco.  All  provisions  of 
the  General  Laws  of  this  State  respecting  the  registration  of  voters 
shall  be  applicable  to  such  registration  in  the  City  and  County. 
The  Board  of  Election  Commissioners  must  provide  for  precinct 
registration,  so  far  as  it  can  do  so  under  the  Constitution  and  the 
Laws  of  the  State. — As  amended  November  15,  1910;  approved  by 
the  Legislature  February  17,  1911  (Statutes,  1911,  page  1661). 

CHAPTER  II. 

MUNICIPAL    ELECTIONS. 

When  Held.       Officers  to  Be  Elected. 

Section  1.  There  shall  be  held  in  the  City  and  County  of  San 
Francisco  on  the  Tuesday  after  the  first  Monday  in  November  in 
1917,  and  every  second  year  thereafter,  an  election  to  be  known  as 
the  "municipal  election,"  at  which  the  electors  of  the  city  shall 
choose  such  officers  as  are  required  by  this  Charter  to  be  elected 
at  that  time,  to-wit,  as  mentioned  in  Section  38a  of  Article  XVI  of 
this  Charter,  and  two  Police  Judges  in  the  year  1917,  for  a  term  of 
four  years,  and  two  Police  Judges  every  second  year  thereafter  for 
a  term  of  four  years,  and  an  Assessor  in  the  year  1919  and  every 
four  years  thereafter,  for  a  term  of  four  years.  The  Superin- 
tendent of  Public  Schools  shall  be  elected  for  four  years,  and  the 
Justices  of  the  Peace  for  four  years,  at  the  same  time  that  members 
of  the  Legislature  are  elected. 


Article  XI,  Chapter  II.    Department  of  Elections.         165 

When  Office   Is  Taken. 

Sec.  2.  The  officers  elected  at  any  general  municipal  election 
under  this  Charter  shall  take  office  at  noon  on  the  first  Monday 
after  the  first  day  of  January  next  following  the  said  election;  ex- 
cept that  the  terms  of  incumbent  officers  shall  not  be  affected  by 
this  provision  and  the  officers  first  elected  hereunder  shall  take 
office  on  the  expiration  of  the  terms  of  the  incumbents. 

Nomination  and  Election  of  Officers. 

Sec.  3.  The  mode  of  nomination  and  election  of  all  elective  offi- 
cers of  the  City  and  County  to  be  voted  for  at  any  general  or 
special  election,  including  recall  elections,  shall  be  as  provided  in 
the  following  sections,  and  not  otherwise : 

Condition  of  Candidacy. 

Sec.  4.  The  name  of  the  candidate  shall  be  printed  upon  the 
ballot  when  a  declaration  of  candidacy  and  certificates  of  not  less 
than  ten  nor  more  than  twenty  sponsors  shall  have  been  filed  on 
his  behalf,  in  the  manner  and  form  and  under  the  conditions  here- 
inafter set  forth. 

Method   of   Nomination. 

Sec.  5.  The  nomination  of  candidates  shall  be  made  in  the  fol- 
lowing manner : 

(a)  The  candidate,  not  more  than  fifty  days  before  the  munici- 
pal election  in  November,  shall  file  w^ith  the  Registrar  of  Voters  a 
declaration  of  his  candidacy,  in  the  following  form ; 

DECLARATION  OF   CANDmACY. 

I  hereby  declare  myself  a  candidate  for  the  office  of 

to  be  voted  for  at  the  municipal  election  to  be  held  in  the  City  and 

County  of  San  Francisco  on  the day  of  November,  A.  D. 

,  and  declare  the  following  to  be  true : 

Name  in  full 

Present  residence  address 

What  different  business  or  occupation  have  you  followed  during 
the  past  three  years  ? 

Have  you  ever  had  any  special  training  or  experience  in  the  line  of 
work  which  you  would  be  called  upon  to  perform  in  case  of  your 
election  to  the  office  for  which  you  are  a  candidate?  If  so,  state 
what  training  or  experience,  and  when,  in  not  over  50  words. 


Signed 

All  blanks  in  said  form  must  be  filled  out  and  the  Registrar  shall 
not  accept  for  filing  any  declaration  unless  all  blank?  are  so  filled. 
The  declaration  shall  be  subscribed  before  the  Registrar  of  Voters. 
The  Registrar  of  Voters  shall  forthwith  certify  to  the  said  sub- 
scription and  its  date  and  retain  and  file  the  declaration. 


166  Charter  of  the  City  and  County  of  San  Francisco. 

(b)  The  candidate  shall  pay  to  the  Registrar  of  Voters  at  the 
time  of  filing  his  declaration  of  candidacy  the  sum  of  twenty  dol- 
lars. 

(c)  After  said  declaration  shall  have  been  signed,  certified  and 
filed,  and  not  later  than  thirty  days  before  said  election  in  Novem- 
ber, not  less  than  ten  nor  more  than  twenty  sponsors  for  the  said 
candidate,  who  are  electors  for  the  City  and  County,  qualified  to 
vote  at  the  said  municipal  election,  shall  appear  before  the  Regis- 
trar of  Voters  and  shall  certify  under  oath,  to  the  qualifications  of 
the  said  candidate,  in  a  certificate  as  follow^s: 

State  of  California,  1 

r  SS 

City  and  County  of  San  Francisco      J 

The  undersigned  sponsor  for who  has  declared  his 

candidacy  for  the  office  of ,  to  be  voted  for  at  the 

municipal  election  to  be  held  in  the  City  and  County  of  San  Fran- 
cisco on  the day  of  November,  A.  D ,  being  first 

duly  sworn,  deposes  and  says : 

That  in  my  opinion  my  knowledge  of  the  said is 

sufficient  to  warrant  my  urging  his  election  to  the  office  of 

in  the  City  and  County  of  San  Francisco,  and  that  he  is  fully  quali- 
fied mentally,  morally  and  physically  for  the  said  office  and  should 
be  elected  to  fill  it;  that  I  am  a  qualified  elector  of  said  City  and 
County,  and  am  not  at  this  time  a  signer  of  any  other  certificate 
nominating  any  other  candidate  for  the  above-named  office,  or,  in 
case  there  are  several  places  to  be  filled  in  the  above-named  office, 
that  I  have  not  signed  more  certificates  than  there  are  places  to  be 

filled  in  the  above-named  office ;  that  my  residence  is  at  No 

street,  San  Francisco,  and  that  my  occupation  is 

State  of  California, 
City  and  County  of  San  Francisco 

The  above  was  subscribed,  sworn  to  before  me,  read  to  me  by  the 
deponent,  the  said  signature  verified  by  me,  and  the  said  certificate 
filed  this day  of ,  A.  D 

Registrar  of  Voters. 

The  blanks  in  said  certificate  for  the  name  of  the  candidate  and 
the  office,  the  date  of  the  election,  the  address  and  occupation  of 
the  sponsor  shall  be  filled  out  and  the  certificate  read  by  the  Regis- 
trar of  Voters,  subscribed  and  sworn  to  by  the  sponsor  before  him, 
and  his  signature  forthwith  verified  by  the  Registrar  by  compari- 
son with  the  signature  of  the  sponsor's  registration  as  a  voter. 
The  Registrar's  certificate  shall  thereupon  be  filled  out  and  the 
document  retained  by  him  and  filed. 

Forms  of  Certificates,  Etc. 

Sec.  6.  (a)  It  shall  be  the  duty  of  the  Board  of  Election  Com- 
missioners to  furnish  a  sufficient  number  of  forms  for  such  candi- 


Article  XI,  Chapter  11.  Department  of  Elections.         167 

dates'  declarations  and  such  sponsors'  certificates.  In  the  event 
the  Registrar  shall  refuse  to  file  such  declaration  or  certificate,  he 
shall  forthwith  designate  in  writing  on  the  declaration  or  certifi- 
cate the  defect  thereof,  or  other  reason  for  refusing  to  file  the 
same,  and  shall  return  the  same  to  the  party  tendering  it.  No 
defect  in  any  declaration  or  certificate  presented  to  the  Registrar 
shall  prevent  the  filing  of  another  declaration  or  certificate  within 
the  period  allowed  for  presenting  the  declaration  or  certificate. 

(b)  Each  certificate  must  contain  the  name  of  one  signer  thereto 
and  no  more.  Each  signer  must  be  a  qualified  elector,  must  not  at 
the  time  of  signing  a  certificate  have  his  name  signed  to  any  other 
certificate  for  any  other  candidate  for  the  same  office,  or,  in  case 
there  are  several  places  to  be  filled  in  the  same  office,  signed  to  more 
certificates  for  candidates  for  that  office  than  there  are  places  to 
be  filled  in  such  office.  ^ 

Declarations  and  Certificates  to  Be  Preserved. 

Sec.  7.  The  Registrar  of  Voters  shall  preserve  in  his  office,  for  a 
period  of  four  years,  all  candidates'  declarations,  and  all  sponsors' 
certificates  filed  in  accordance  with  this  section. 

Official    Pamphlets — Candidate's   Statement. 

Sec.  8.  (a)  The  Board  of  Election  Commissioners  shall  cause  to 
be  printed  in  pamphlet  form  herein  designated  for  the  purposes  of 
this  chapter  as  the  official  pamphlet  the  Proclamation  of  the  Mayor 
and  statements  of  candidates  described  in  subdivision  (b)  of  this 
section. 

(b)  If  the  candidate  desires  he  may  file  with  the  Board  of  Elec- 
tion Commissioners  not  less  than  thirty  days  before  the  said  elec- 
tion a  statement  of  not  more  than  one  hundred  w^ords,  setting  forth 
any  facts  he  may  deem  pertinent  to  the  question  of  his  qualifica- 
tions for  the  office  for  which  he  is  a  candidate,  and  such  statement 
shall  be  printed  in  the  official  pamphlet,  upon  the  payment  of  a  fee 
of  ten  dollars.  Additional  words,  not  to  exceed  two  hundred,  may 
be  added  by  the  candidate  to  such  statement,  for  which  he  shall 
pay  an  additional  fee  of  fifteen  dollars  for  each  one  hundred  words 
or  fraction  thereof. 

(c)  A  copy  of  the  official  pamphlet  shall  be  enclosed  and  circu- 
lated with  the  sample  ballot  and  sent  to  each  registered  voter.  The 
Board  of  Election  Commissioners  shall  furnish,  at  least  ten  days 
before  the  said  election,  copies  of  the  official  pamphlet  to  registered 
voters  on  application  to  its  office.  All  fees  received  by  the  Regis- 
trar of  Voters  in  conformity  wuth  this  chapter  shall  be  paid  over 
to  the  Treasurer  of  the  City  and  County  of  San  Francisco  and 
credited  to  the  general  fund. 

Mayor's  Proclamation. 

Sec.  9.  Immediately  after  the  declarations  of  candidacy  and  ten 
sponsors'  certificates  have  been  filed,  the  Registrar  of  Voters  shall 
enter  the  names  of  the  candidates  in  a  list,  with  the  offices  to  be 


168  Charter  of  the  City  and  County  of  Sa7i  Francisco. 

filled,  and  shall,  not  later  than  twenty-five  days  before  the  elec- 
tion, certify  such  list  to  the  Mayor  as  being  the  list  of  candidates 
nominated  as  required  by  this  Charter.  The  Mayor  shall  forthwith 
issue  a  proclamation  calling  the  election  provided  for  in  Section  1 
of  this  Chapter,  setting  forth  the  offices  to  be  filled,  designating  the 
term  thereof,  and  the  certified  list  of  candidates  for  each  office,  and 
file  the  same  with  the  Kegistrar  of  Voters.  The  Mayor's  proclama- 
tion shall  then  be  published  in  the  official  pamphlet  immediately 
preceding  the  first  of  the  candidate's  statements.  Said  proclama- 
tion shall  conform  in  all  respects  to  the  general  State  laws  govern- 
ing the  conduct  of  municipal  elections  now  or  hereafter  in  force 
except  as  herein  provided. 

Printing  of   Ballots. 

Sec.  10.  The  Registrar  of  Voters  shall  cause  the  ballots  to  be 
printed  and  bound  and  numbered  as  provided  for  by  State  law, 
except  as  otherwise  required  in  this  Chapter.  The  ballots  shall 
contain  the  list  of  names  and  the  respective  offices,  as  set  forth  in 
the  proclamation,  and  shall  be  substantially  as  hereinafter  pro- 
vided. 

Heading  and  Directions  to  Voters. 

(a)  General  (or  recall,  as  the  case  may  be)  municipal  election, 
City  and  County  of  San  Francisco. 

Instructions  to  Voters:  To  vote  for  any  candidate  stamp  a 
cross  (X)  in  one  of  the  squares  to  the  right  of  the  candidate's 
name. 

Vote  your  first  choices  in  the  first  column,  your  second  choices  in 
the  second  column,  your  third  choices  in  the  third  column. 

Vote  First  Choice  for  as  many  candidates  as  there  are  offices  to 
be  filled. 

Vote  Second  Choice,  if  any,  for  the  same  number. 

Vote  Third  Choice,  if  any,  for  the  same  number. 

Do  NOT  VOTE  more  THAN  ONE  CHOICE  FOR  ANY  ONE  CANDIDATE. 

To  vote  for  a  person  whose  name  is  not  on  the  ballot,  write  name 
of  such  person  in  the  blank  space  provided  for  such  purpose. 

If  you  wrongly  mark,  tear  or  deface  this  ballot,  return  it  to 
the  inspector  of  elections  and  obtain  another. 

Arrangement  of  Offices  on  the   Ballot. 

(b)  The  offices  to  be  filled  shall  be  arranged  in  the  follow- 
ing order: 

The  Mayor,  Police  Judges,  District  Attorney,  City  Attorney, 
Assessor,  Auditor,  County  Clerk,  Sheriff,  Treasurer,  Tax  Collector, 
Recorder,  Public  Administrator,  Coroner,  arranged  in  one  or  more 
columns,  and  the  Supervisors  in  a  column  or  columns  separate 
from  the  others. 


Article  XI,  Chapter  11.    Department  of  Elections.         169 

Every  Nominee  on   Ballot. 

(c)  The  name  of  every  candidate  who  has  been  duly  and 
regularly  nominated  shall  be  placed  on  the  ballot  under  the 
title  of  the  office  for  which  he  is  a  candidate;  provided,  that  a 
candidate  whose  nomination  has  been  completed,  may,  not  less 
than  thirty  days  before  a  municipal  election  and  not  less  than 
twenty-five  days  before  a  recall  election,  withdraw  as  a  candidate 
by  filing  with  the  Registrar  of  Voters,  his  withdrawal,  naming 
the  office;  such  withdrawal  must  be  signed  and  sworn  to  by  the 
person  withdrawing,  and  no  withdrawal  at  any  later  date  shall 
be  of  any  force  or  effect. 

Rotation  of  Candidates'  Names. 

Sec.  11.  The  ballots  for  the  Assembly  district  of  the  City  and 
County  designated  by  the  lowest  number  shall  have  the  names 
of  each  group  of  candidates  for  an  office  or  offices  arranged  in 
alphabetical  order,  according  to  the  family  name  of  the  candi- 
date. In  the  Assembly  district  designated  by  the  next  higher 
number  the  groups  of  names  shall  be  the  same  as  in  the  dis- 
trict designated  by  the  next  lower  number,  save  that  the  last 
candidate  in  the  group  in  the  preceding  district  shall  be  placed 
at  the  beginning  of  the  group,  the  succession  of  names  to  be  other- 
wise unchanged,  and  so  on,  rotating  the  names  in  this  order  through- 
out all  the  Assembly  districts. 

In  the  event  that  the  number  of  candidates  in  any  group 
shall  exceed  the  number  of  Assembly  districts  in  the  City  and 
County,  then  the  total  number  of  candidates  in  such  group 
shall  be  divided  by  the  number  of  Assembly  districts  and  the 
quotient,  if  an  integral  number,  or  if  fractional  then  the  next 
higher  integral  number  shall  be  the  number  of  candidates  to 
be  taken  from  the  end  and  placed  at  the  beginning  of  such  a 
group  in  each  successive  Assembly  district ;  the  rotation  then  being 
in  this  manner,  to-wit:  if  there  be  fifty-six  candidates  for  Super- 
visors and  twenty  Assembly  districts,  numbered  from  twenty-five 
to  forty-four,  the  fifty-fourth,  fifty-fifth  and  fifty-sixth  candidates 
in  the  group  of  the  twenty-fifth  district  will  be  the  first,  second  and 
third  candidates,  respectively,  in  the  group  in  the  twenty-sixth 
district. 

Spaces  for  Name  and  for  Voting  Cross. 

Sec.  12.  (a)  The  candidate's  name  shall  be  printed  in  8-point 
Roman  capital  type  and  shall  be  enclosed  by  lines  above  and 
below,  three-eighths  inch  apart.  Three  three-eighths  inch  squares 
shall  be  provided  at  the  right  of  the  name  of  each  candidate, 
wherein  the  voter  may  stamp  a  cross  for  that  candidate  as  his 
first,  second  or  third  choice,  and  at  the  top  of  each  column  of 
candidates  the  three  columns  of  squares  shall  be  designated  "First 
Choice,"  "Second  Choice"  and  "Third  Choice"  respectively. 


170  Charter  of  the  City  and  County  of  San  Francisco. 

Blank  Spaces  for  Additional  Candidates. 

(b)  Three-eighths  inch  spaces  shall  be  left  below  the  printed 
names  of  candidates  for  each  office  equal  in  number  to  the  number 
to  be  elected,  wherein  the  voter  may  wTite  the  name  of  any  per- 
son or  persons  for  whom  he  may  wish  to  vote. 

Other  Requirements  of  Ballot. 

Sec.  13.  All  ballots  shall  be  precisely  of  the  same  size,  quality, 
tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that  without 
the  number  it  would  be  impossible,  in  each  Assembly  district  to 
distinguish  one  ballot  from  another;  and  the  names  of  all  can- 
didates printed  upon  the  ballot  shall  be  in  type  of  the  same 
size  and  style.  A  column  or  columns  may  be  provided  on  the 
right  hand  side  for  Charter  amendments  or  other  questions  to 
be  voted  upon  at  the  municipal  elections,  as  provided  for  under 
the  Charter. 

Voting  Machines. 

Sec.  14.  In  the  event  of  the  use  of  voting  machines,  the  ballot 
shall  be  arranged  on  the  machines  in  the  same  form  in  each 
Assembly   district   as  provided   for  the  printed  ballot. 

No    Party    Designation. 

Sec.  15.  No  party  name  or  political  designation  or  descriptive 
matter  concerning  the  candidate  shall  appear  on  the  ballot. 

Form    of   Ballots. 

Sec.  16.  Except  as  to  the  order  of  names  of  candidates,  the 
ballots  shall  be  printed  in  the  form  designated  by  the  Board  of 
Election  Commissioners. 

Sample  Ballots. 

Sec.  17.  The  Registrar  of  Voters  shall  cause  to  be  printed 
ballots  identical  w4th  the  ballot  to  be  used  in  each  Assembly  district 
at  the  election  and  shall  furnish  copies  of  the  same  on  applica- 
tion to  registered  voters  at  his  office  at  least  ten  days  before  the 
date  fixed  for  such  election,  and  shall  mail  to  each  voter  entitled 
to  vote  at  such  election  a  copy  of  the  ballot  to  be  used  in  his 
district,  so  that  all  said  sample  ballots  shall  have  been  mailed 
at  least  eight  days  before  said  election. 

Boards  of  Election. 

Sec.  18.  The  Registrar  of  Voters  shall,  at  each  municipal  or 
special  municipal  election,  prepare  lists  for  and  select  and  appoint 
for  each  election  precinct  a  precinct  board  of  election  officers 
to  hold  and  conduct  such  election  at  the  precinct  for  which  said 
board  is  appointed.  Such  board  shall  consist  of  four  persons — 
one  inspector,  one  judge  and  two  clerks,  who  shall  perform  all  the 
duties. r-equired  by  law  at  such  polling  place,  except  as  in  this 
Chapter  provided.  In  constituting  such  precinct  board  the  Regis- 
trar shall  have  the  power  to  excuse  persons  appointed  whenever 
he  is  satisfied  any  such  person  ought  to  be  excused,  and  to  substi- 
tute new  appointees  in  all  cases  when  any  person  appointed  shall 


Article  XI,  Chapter  II.    Department  of  Elections.         171 

be  excused  or  found  disqualified  or  incompetent  by  the  said  Regis- 
trar of  Voters,  down  to  the  time  when  the  Registrar  of  Voters 
shall  send  the  final  inspector's  list  of  such  election  officers  to  the 
inspector,  which  list  shall  be  his  final  order  of  appointment. 

Canvass  of   Returns  and    Determination   of   Results   of   Election. 

Sec.  19.  (a)  The  ballots  cast  at  any  given  precinct  shall  not 
be  counted  at  the  polling  place,  but  as  soon  as  the  polls  are  closed, 
the  precinct  election  officers  shall  not  open  the  ballot  box  except 
as  may  be  necessary  to  close  the  mouth  of  the  box,  and  see  that 
the  ballot  box  is  correctly  locked  again  without  any  ballot  being 
removed  or  added  and  seal  the  same  and  separately  seal  the  key 
in  the  manner  provided  by  printed  instructions  from  the  Registrar 
of  Voters,  and  as  soon  as  said  election  officers  have  certified,  signed 
and  sealed  the  other  packages  or  envelopes  as  required  by  law, 
such  ballot  box  and  key  and  packages  shall  be  sent  by  not  less 
than  two  of  said  precinct  election  officers  to  the  office  of  the 
Registrar  of  Voters  and  there  delivered  to  the  Registrar,  and  until 
so  delivered  it  shall  be  unlawful  for  such  officers  so  conveying 
the  same  to  allow  any  other  person  or  persons  to  have  possession 
of  said  ballot  box  or  key  or  packages.  Such  officers  shall  proceed  as 
continuously  as  possible  to  the  office  of  the  Registrar  of  Voters. 
Immediately  upon  the  delivery  of  such  ballot  box  to  the  Regis- 
trar of  Voters  or  his  deputy,  said  Registrar  shall  cause  each 
such  box  to  be  plainly  labeled  with  the  correct  number  of  the 
precinct  in  which  such  ballots  were  cast.  The  Registrar  of  Voters 
shall  in  such  manner  as  he  shall  deem  best  calculated  to  provide 
competent  persons,  select  and  provide  as  many  persons  as  he  liiay 
deem  necessary  for  the  counting,  tallying  and  certifying  of  returns 
of  the  vote  cast  in  each  precinct,  and  such  persons  shall  have  the 
qualifications  required  for  election  officers  at  State  elections,  save 
that  all  persons  who  are  employed  in  the  Department  of  Elections, 
or  who  report  for  service  from  the  Civil  Service  of  the  City  and 
County,  shall,  if  not  a  candidate  at  such  election,  be  qualified, 
save  that  none  of  the  persons  so  selected  need  reside  in  a  particular 
precinct.  The  persons  so  selected  and  provided  shall  be  segre- 
gated by  the  Registrar  of  Voters  or  his  deputies  into  counting 
boards  respectively  to  consist  of  three  persons  each,  and  each 
such  selected  counting  board  shair  proceed  to  count  and  tally  such 
ballots  by  precincts  separately  under  the  direction  of  the  Registrar 
of  Voters  or  his  deputies  or  such  superintendents  as  the  Registrar 
of  Voters  may  direct,  in  the  same  manner  provided  by  law  for 
counting,  tallying  and  certifying  ballots  at  State  elections  except 
as  herein  otherwise  provided.  The  form  of  tally  sheets  shall 
be  provided  and  determined  by  the  Registrar  of  Voters,  and 
there  shall  be  a  certificate  at  the  end  thereof  to  the  effect  that  the 
foregoing  is  the  corrects  result  of  the  election  in  such  precinct, 
and  such  certificate  shall  be  signed  by  the  three  persons  who  com- 
pleted such  tally  list  and  return.  The  Registrar  of  Voters  or  any 
deputy  empowered  by  him  by  writing  may  excuse  or  dismiss  any 
person  from  any  such  counting  board  at  pleasure  and  enforce 


172  Charter  of  the  City  and  County  of  San  Francisco. 

such  order  and  substitute  any  person  so  provided  by  the  Registrar 
of  Voters  in  the  place  of  any  person  so  excused,  dismissed,  or  who 
absents  himself  from  said  counting  board.  Any  person  acting 
on  any  such  counting  board  who  shall  refuse  to  obey  any  lawful 
order  of  the  Registrar  or  his  deputy  shall  be  guilty  of  a  mis- 
demeanor. The  tally  sheets  shall  be  in  duplicate,  kept  by  two 
clerks,  and  one  copy  upon  the  completion  thereof  shall  be  sealed 
and  signed,  across  the  flap  in  the  manner  provided  by  the  laws 
of  the  State  of  California  for  sealing  tally  lists  w^here  votes  are 
counted  at  the  precinct,  and  the  other  tally  list  shall  remain  open 
for  inspection  in  the  office  of  the  Registrar  of  Voters.  The  returns 
so  sealed  shall  be  securely  kept  by  the  Registrar  until  produced 
before  the  Board  of  Election  Commissioners  for  official  canvass 
in  the  manner  provided  by  law. 

The  Registrar  of  Voters  shall  fix  the  compensation  to  be  paid 
to  each  member  of  such  respective  counting  boards  for  counting, 
tallying,  completing  and  certifying  such  votes  and  returns,  which 
compensation  shall  not  exceed  five  cents  to  each  member  of  such 
board  respectively  for  each  ballot  so  counted,  tallied,  completed 
and  certified,  and  such  claims  and  demands  when  certified  by  the 
Registrar  or  his  deputy  and  presented  to  the  Board  of  Election 
Commissioners  shall  be  allowed  in  open  session,  and  the  Auditor 
shall  audit  and  the  Treasurer  pay  such  claims  out  of  the  general 
fund.  Except  as  herein  otherwise  provided,  the  provisions  of  trie 
laws  of  the  State  of  California  applicable  to  State  elections  or 
State  election  officers,  and  such  laws  relating  to  the  official  canvass 
and  declaration  of  the  result  of  State  election  returns  shall  apply 
to  the  counting,  tallying,  certifying,  sealing,  custody  and  official 
canvass  of  the  ballots  and  returns  counted  and  returned  under  the 
provisions  of  this  Chapter.  If  there  shall  not  be  room  enough 
in  the  Department  of  Elections  for  the  counting  of  said  votes, 
the  Registrar  of  Voters  may  cause  such  counting  to  proceed  in 
any  place  under  the  control  of  the  City  and  County  which  may 
be  obtained  by  him  for  such  purpose,  provided,  that  a  notice  of 
the  location  of  such  place  be  conspicuously  displayed  in  the  Depart- 
ment of  Elections.  Said  votes  shall  be  counted  in  a  place  open  to 
the  public,  and  the  boards  counting  the  same  shall  enter  the  total 
number  thereof  on  the  tally  sheets  provided  therefor.  They  then 
shall  count  and  enter  the  number  of  the  first,  second  and  third 
choice  votes  for  each  candidate  on  said  tally  sheet  and  make 
returns  thereof  to  the  Board  of  Election  Commissioners  as  herein 
required.  The  canvass  must  be  public,  in  the  presence  of  bystanders 
and  must  be  continuous,  without  adjournment,  until  completed  and 
the  result  thereof  is  declared.  Any  candidate  shall  be  entitled  to 
a  representative  among  the  bystanders. 

The  provisions  of  this  Chapter  relating  to  counting  the  ballots 
shall  not  apply  to  a  special  municipal  election  at  which  a  proposi- 
tion or  propositions,  or  question  or  questions,  only  is,  or  are, 
voted  upon;  but  the  ballots  at  all  such  special  elections  shall  be 
counted  at  the  respective  polling  places  and  returned  by  the  pre- 
cinct election  boards  under  the  laws  applicable  to  such  elections. 


Article  XI,  Chapter  II.    Department  of  Elections.         173 

(b)  If  a  ballot  contain  more  than  one  vote  for  the  same  candi- 
date, only  the  one  of  such  votes  highest  in  rank  shall  be  counted. 
If  a  ballot  contain  either  first  or  second  or  third  choice  votes  for 
any  office  in  excess  of  the  number  of  places  to  be  filled  for  such 
office  no  vote  for  that  office  in  the  column  showing  such  excess  shall 
be  counted. 

(c)  Paragraph  (b)  of  this  section  shall  be  printed  conspicuously 
on  the  tally  sheet. 

(d)  Candidates  receiving  a  majority  of  the  first  choice  votes 
for  any  office  shall  be  elected.  If  the  full  number  of  candidates 
to  be  elected  do  not  receive  such  a  majority  of  the  first  choice 
votes  for  such  office,  a  canvass  shall  then  be  made  of  the  second 
choice  votes  received  by  those  candidates  for  said  office  who  are 
not  elected  by  first  choice  votes;  said  second  choice  votes  shall  be 
added  to  the  first  choice  votes  received  by  such  candidates  and 
candidates  who  by  such  addition  shall  receive  a  majority  shall 
be  elected. 

(e)  If  by  the  count  of  either  first  choice  votes  or  first  and 
second  choice  votes,  as  above  provided,  more  candidates  than  there 
are  offices  to  be  filled  shall  receive  a  majority,  the  candidate  or 
candidates  equal  in  number  to  the  number  of  offices  to  be  filled 
having  the  highest  vote  shall  be  elected. 

(f )  If  the  full  number  of  candidates  to  be  elected  do  not  receive 
a  majority  by  adding  first  and  second  choice  votes,  as  above 
directed,  a  canvass  shall  then  be  made  of  the  third  choice  votes 
received  by  those  candidates  for  said  office  who  are  not  elected, 
either  by  first  choice  votes  or  by  adding  first  and  second  choice 
votes.  Said  third  choice  votes  shall  be  added  to  the  first  and  second 
choice  votes  received  by  such  candidates,  and  the  candidates,  equal 
in  number  to  the  number  of  offices  remaining  to  be  filled,  who  re- 
ceive the  highest  number  of  votes  by  said  addition  shall  be  elected. 

(g)  The  above  subdivisions  (d),  (e)  and  (f)  shall  be  applied 
and  carried  out  in  the  making  of  the  official  canvass  and  the 
declaration  of  the  official  result. — As  amended  Novemher  5,  1918; 
approved  bij  the  Legislature  January  17,  1919  (Statutes,  1919). 

Ties. 

Sec.  20.  A  tie  between  two  or  more  candidates  shall  be  decided 
in  favor  of  the  one  having  the  highest  number  of  first  choice  votes. 
If  they  are  also  equal  in  that  respect  then  the  highest  number  of 
second  choice  votes  shall  determine  the  result.  If  this  does  not 
decide,  then  the  tie  shall  be  determined  by  lot,  under  the  direction 
of  the  Board  of  Election  Commissioners. 

Majority    Defined. 

Sec.  21.  A  majority  vote  for  any  candidate  for  an  office  where 
but  one  is  to  be  elected  shall  be  deemed  to  be  more  than  one-half 
of  the  total  number  of  first  choice  votes  cast  for  all  candidates 
for  such  office. 


174  Charter  of  the  City  and  County  of  San  Francisco. 

A  majority  vote  for  a  candidate  for  an  office  where  a  group 
is  to  be  elected  shall  be  more  than  one-half  of  the  number  secured 
by  dividing  the  total  of  first  choice  votes  cast  for  all  candidates 
for  such  office  by  the  number  of  places  to  be  filled. 

Failure  of   Persons   Elected  to  Qualify. 

Sec.  22.  If  a  person  elected  fails  to  qualify,  the  office  shall 
be  filled  as  in  this  Charter  provided  for  a  vacancy  in  such  office. 

Informalities  of   Election. 

Sec.  23.  No  informalities  in  conducting  municipal  elections 
shall  invalidate  elections  if  they  have  been  conducted  fairly  and 
in  substantial  conformity  to  the  requirements  of  this  Charter. 

Salary  of   Registrar. 

Sec.  24.  From  and  after  the  first  day  of  July,  1917,  the  annual 
salary  of  the  Registrar  of  Voters  shall  be  fixed  by  resolution 
of  the  Board  of  Election  Commissioners  of  the  City  and  County 
of  San  Francisco.  Any  provision  of  this  Charter  contrary  to  or 
inconsistent  with  the  provisions  of  this  section  is  hereby  repealed. 

"Entire  Vote"— How  Computed. 

Sec.  25.  After  the  election  'of  a  Mayor  for  a  full  term  at  an 
election  held  under  and  pursuant  to  the  provisions  of  this  Chapter, 
the  w^ords  ''entire  vote  for  all  candidates  for  the  office  of  ]Mayor" 
as  used  in  the  initiative  Chapter  III  of  Article  XI  of  this  Charter 
and  the  w^ords  "entire  vote  cast  for  Mayor"  as  used  in  the  refer- 
endum Chapter  IV  of  Article  XI  of  this  Charter  and  as  used 
in  the  recall  Chapter  V  of  Article  XI  of  this  Charter,  shall  in 
each  respective  case  where  such  words  are  so  used  be  deemed  to 
mean  the  total  of  first  choice  votes  cast  for  all  candidates  for 
Mayor  for  a  full  term  at  an  election  held  under  this  Chapter. — 
Chapter  II  amended  November  7,  1916;  approved  hy  the  Legis- 
lature January  18,  1917  (Statutes  1917,  page  1708). 

CHAPTER     III. 

THE     INITIATIVE. 

Acts  of  Supervisors  and   Legislative  Acts. 

Section  1.  The  registered  voters  shall  have  power  to  propose 
by  petition  and  to  adopt  or  to  reject  at  the  polls,  any  ordinance, 
act  or  other  measure  which  is  within  the  power  conferred  upon 
the  Board  of  Supervisors,  or  any  legislative  measure  which  is 
within  the  power  conferred  upon  any  other  Board,  Commission 
or  Officer.  Such  ordinance,  act  or  other  measure  may  be  proposed 
by  filing  with  the  Board  of  Election  Commissioners  a  petition' 
setting  forth  said  measure  in  full,  signed  by  registered  voters  of 
the  City  and  County  as  many  in  number  as  the  percentages  herein- 
after required  of  the  entire  vote  for  all  candidates  for  the  office 
of  Mayor  cast  at  the  last  preceding  regular  municipal  election. 


Article  XI,  Chapter  III.    Department  of  Elections.         175 

Signatures. 

Sec.  2.  The  words  "registered  voters"  as  used  in  this  chapter, 
shall  mean  qualified  votei*s  whose  names  appear  on  the  records  of 
registration  for  the  current  or  next  preceding  year.  The  signatures 
to  the  petition  need  not  all  be  appended  to  one  paper,  but  said 
petition  may  be  presented  in  section.  The  number  of  signatures 
to  each  section  shall  be  at  the  pleasure  of  the  person  soliciting 
signatures  to  the  same. 

Any  qualified  voter  of  the  city  and  county  is  competent  to  solicit 
signatures  and  make  the  affidavit  of  verification  to  said  signatures. 
p]ach  signer  to  said  petition  shall  add  to  his  or  her  signature  his 
or  her  place  of  residence,  giving  the  street  and  number,  and  there 
shall  be  also  added  by  the  said  solicitor  such  other  matter  as  is 
authorized  by  this  section.  Every  section  of  such  petition  shall 
be  verified  by  the  person  soliciting  such  signatures  by  his  or  her 
affidavit,  which  affidavit  shall  be  in  the  following  form,  with  the 
blank  spaces  properly  filled  in: 

"STATE  OF  CALIFOKNIA,        1 

rss. 

City  and  County  of  San  Francisco     ^ 

( ),  being  duly  sworn,  deposes  and  says 

that  ....he  is  the  person  who  in  person  solicited  each  and  every 
signature  to  the  annexed  section  of  said  petition,  and  that 
deponent  has  with  pen  and  ink  or  indelible  pencil,  numbered 
each  such  signature  seriatim,  commencing  with  number  1.  That 
no  person  signed  said  petition  upon  said  section  except  in  the  pres- 
ence of  deponent.  That  said  section  has  not  been  left  at  any  time 
where  any  person  could  sign  the  same  except  in  the  personal  pres- 
ence of  deponent.  That  each  and  every  signature  to  said  section 
was  made  in  the  personal  presence  of  deponent,  and  that  to  the 

best  of  his   ( )   knowledge  and  belief  each  signature  is  the 

genuine  signature  of  the  person  whose  name  purports  to  be  there- 
unto subscribed.  That  deponent  was  at  the  time  of  soliciting 
such  signature,  and  now  is,  a  duly  qualified  voter  of  the  said  city 
and  county." 

Said  affidavit  shall  be  subscribed  by  the  person  making  such 
affidavit  and  sworn  to  by  such  person  before  a  person  authorized 
to  take  such  oath  to  such  affidavit.  Each  section  of  such  petition 
must  be  prepared  substantially  in  accordance  with  the  require- 
ments of  this  chapter,  and  all  signing,  not  made,  numbered  and 
verified  substantially  in  accordance  with  the  requirements  of  this 
chapter  shall  be  disregarded.  The  Registrar  of  Voters  shall  print 
sample  sheets  for  signing  such  petition,  in  blank,  and  sample  blank 
affidavits  of  verification,  and  furnish  a  copy  of  each  to  any  person 
desiring  to  get  up  a  petition. 

The  affidavit  herein  provided  for  shall  be  at  the  end  of  each 
section.  The  solicitor  of  such  signatures,  before  his  affidavit  is 
taken,  must  number  each  signature  upon  the  section  seriatim, 
beginning  with  number  1,  at  the  right  hand  of  the  residence  oppo- 
site to  each  signature  to  such  section  in  a  column  to  be  made  for 


176  Charter  of  the  City  and  County  of  San  Francisco. 

that  purpose;  such  numbering  must  be  with  pen  and  ink  or  indel- 
ible pencil.  There  shall  also  be  to  the  left  hand  of  such  signatures, 
a  column  at  least  one  inch  wide,  in  blank  headed  "Precinct,"  and 
to  the  left  of  that,  an  additional  blank  space,  substantially  one-half 
inch  wide,  to  admit  of  such  abbreviations  as  the  Registrar  shall 
deem  necessary  to  the  expeditious  mode  of  verification  of  such  pe- 
tition. All  precincting  shall  be  done  by  the  office  of  the  said  Reg- 
istrar, but  no  section  or  signature  shall  be  rejected,  because  pre- 
cincts have  been  inserted  elsewhere,  before  filing.  Any  signer  to  a 
petition  may  withdraw  his  name  from  the  same  by  filing  with  the 
Registrar  of  Voters  a  verified  revocation  of  his  signature  before  the 
filing  of  the  petition.  No  signature  can  be  revoked  after  the  peti- 
tion has  been  filed.  The  Registrar  of  Voters,  or  his  deputy  shall 
indorse  on  said  petition  the  names  of  three  persons  who  filed  said 
petition,  and  the  date  of  the  filing  of  the  same  at  the  time  of  filing 
said  petition.  Unless  and  until  it  be  proven  otherwise  by  official 
investigation  by  the  Registrar  of  Voters,  it  shall  be  presumed  that 
the  petition  filed  conforms  to  all  legal  requirements,  and  contains 
the  signatures  of  the  requisite  number  of  registered  voters,  and 
after  an  election  based  thereon,  the  sufficiency  of  such  petition 
shall  not  be  questioned. — As  amended  November  7,  1916;  approved 
hy  the  Legislature  January  16,  1917  (Statutes,  1917,  pa,ge  1708). 

Verification. 

Sec.  3.  The  Registrar  of  Voters  shall  have  fifteen  (15)  days 
after  the  filing  of  such  petition,  and  the  same  time  after  receipt  by 
him  of  a  Charter  amendment  petition  in  which  to  verify  the  same 
and  certify  the  result  thereof  in  the  manner  provided  by  this  sec- 
tion. Within  such  time,  the  Registrar  of  Voters  shall  finally  deter- 
mine from  the  records  of  registration  whether  or  not  said  petition 
is  signed  by  the  requisite  number  of  electors  entitled  to  vote.  If 
any  signature  be  called  in  question,  the  said  Registrar  of  Voters 
shall  mail  notice  to  such  purported  signer,  stating  that  his  or  her 
name  is  attached  to  such  petition  and  citing  him  or  her  to  appear 
before  said  Registrar  of  Voters  forthwith,  naming  the  time  and 
place.  Said  citation  shall  inclose  a  blank  affidavit,  denying  that 
the  person  signing  such  affidavit  signed  such  petition,  and  said 
citation  shall  also  contain  a  statement,  that  a  blank  affidavit  deny- 
ing that  such  person  signed  such  petition,  is  enclosed,  and  that  if 
such  person  does  not  desire  to  attend  in  person  to  deny  his  signa- 
ture he  may  swear  to  such  affidavit  of  denial  before  any  officer 
authorized  to  take  oaths,  and  mail  the  same  to  the  Registrar  of 
Voters,  and  that  if  he  does  not  so  attend  and  deny  such  signature 
in  person,  or  by  making  and  mailing  such  affidavit  of  denial,  that 
his  purported  signature  to  such  petition  will  be  treated  as  genu- 
ine. 

Unless  said  purported  signer  shall  appear  when  cited  and  deny 
his  signature  under  oath  before  said  Registrar,  or  his  deputy,  or 
unless  the  Registrar  of  Voters  shall  receive  such  sworn  affidavit  of 
denial  of  such  signature,  before  the  time  when  by  this  chapter  the 


Article  XI,  Chapter  III.    Department  of  Elections.         Ill 

said  Registrar  must,  as  aforesaid,  make  such  final  determination, 
such  signature  must  be  counted  as  genuine. 

The  Registrar  shall  keep  a  list  of  the  names  of  all  purported 
signers  who  appear  before  him  and  deny  their  signatures  under 
oath,  and  also  file  and  keep  such  affidavits,  for  at  least  five  years. 

The  Board  of  Supervisors  shall  make  necessary  appropriation  of 
money,  and  the  Board  of  Election  Commissioners  shall  allow  to  the 
Registrar  of  Voters  all  the  extra  help  he  may  require  for  the  pur- 
l^ose  of  examining  and  making  invqstigation  of  such  petition.  The 
Registrar  of  Voters,  upon  the  completion  of  such  examination  and 
determination,  shall  forthwith  attach  to  said  petition  his  certificate 
properly  dated  and  showing  the  result  of  said  examination,  and 
shall  forthwith  mail  a  copy  of  said  certificate  to  the  respective  per- 
sons endorsed  by  him  on  said  petition  as  filers  thereof.  If  by  said 
certificate  the  petition  is  shown  to  be  insufficient,  it  may  be  amended 
by  additional  signatures  within  twenty  days  after  the  date  of  said 
certificate,  in  the  same  manner  in  all  respects  as  required  for  the 
original  petition.  "Within  ten  days  after  the  filing  of  such  amended 
or  supplemental  petition,  the  Registrar  of  Voters  shall  make  like 
examination  and  determination  of  the  amended  or  supplemental 
petition,  and  attach  and  mail  a  like  certificate.  If  upon  the  exam- 
ination and  certification  of  such  original  petition,  or  such  original 
and  supplemental  petition,  it  shall  appear  that  a  sufficient  number 
of  qualified  voters  have  signed  such  petition  to  require  an  election 
to  be  held  thereon,  the  Registrar  of  Voters  shall,  if  a  special  election 
is  required  to  be  held  upon  such  petition,  require  the  Board  of  Elec- 
tion Commissioners  to  meet  in  not  less  than  five  days  after  the  date 
of  his  certificate  that  such  petition  is  sufficient,  and  if  no  regular 
meeting  of  the  Board  of  Election  Commissioners  is  set  within  such 
required  period,  the  Registrar  of  Voters  is  authorized  and  required 
to  issue  a  call  for  a  special  meeting  of  said  Board  to  convene  within 
the  required  time,  and  at  such  meeting  of  the  Board,  or  any  of  the 
meetings  of  the  Board  within  said  required  time,  said  Registrar  of 
Voters  shall  report  the  sufficiency  of  such  petition  to  said  Board  of 
Election  Commissioners  and  exhibit  a  certificate  or  certificates 
attached  to  said  petition,  or  amended  petition,  or  both,  and  said 
Board  shall,  if  said  certificate  show  the  petition  sufficient,  call  an 
election  as  required.  If,  however,  after  the  examination  of  said 
petition  and  any  amended  or  supplemental  petition,  or  after  the 
expiration  of  the  time  when  the  supplemental  petition  is  permitted 
to  be  filed,  said  petition  is  shown  insufficient,  the  Resristrar  of  Voters 
shall  report  such  insufficiency  to  the  Board  of  Election  Commis- 
sioners at  their  next  regular  meeting  after  the  fact  of  such  insuffi- 
ciency shall  have  become  final,  and  exhibit  his  certificate  or  certifi- 
cates so  attached  to  such  petition  or  petitions.  A  petition  finally 
insufficient  does  not  prevent  a  new  proceeding. 

The  words  'Hast  precediner  regular  municipal  election",  or  "last 
preceding  general  municipal  election",  wherever  the  same  occur  in 
Chapters  III.  IV  or  V  of  said  Article  XI  of  said  Charter,  mean  the 
last  municipal  election  at  which  a  mayor  for  said  city  and  county 


178  Charter  of  the  City  mid  County  of  San  Francisco. 

was  elected  for  a  full  term. — As  amended  Novemher  7,  1916; 
approved  hy  the  Legislature  January  18,  1917  (Statutes,  1917, 
page  1708). 

Ten  Per  Centum  for  Special  Election, 

Sec.  4.  If  the  petition  accompanying  the  proposed  measure  be 
signed  by  registered  voters  as  many  in  number  as  ten  per  cent  of 
the  said  entire  vote,  and  contains  a  request  that  said  measure  be 
submitted  forthwith  to  a  vote  of  the  electorate  at  a  special  elec- 
tion, then  the  Board  of  Election  Commissioners  shall  forthwith 
call  a  special  election,  which  shall  be  held  at  a  date  not  more  than 
thirty  days  from  the  date  of  calling  the  same,  at  which  said  meas- 
ure, without  alteration,  shall  be  submitted  to  a  vote  of  the  elec- 
torate. 

Four   Per   Centum   for   General    Election. 

Sec.  5.  If  the  petition  be  signed  by  registered  voters  as  many 
in  number  as  four  per  cent  but  less  than  ten  per  cent  of  the  said 
entire  vote,  or  if  for  any  reason  any  measure  proposed  by  a  peti- 
tion signed  by  registered  voters  as  many  in  number  as  ten  per  cent 
of  said  entire  vote  has  not  been  submitted  at  a  special  election  as 
provided  in  Section  4  of  this  Chapter,  then,  in  either  event,  such 
measure  or  measures,  without' alteration,  shall  be  submitted  by  the 
Board  of  Election  Commissioners  to  a  vote  of  the  electorate  at  the 
next  general  State  or  municipal  election  that  shall  occur  at  any 
time  after  thirt}^  days  from  the  date  of  the  certificate  of  sufficiency 
attached  to  the  petition  accompanying  such  measure. — As  amended 
November  7,  1916;  approved  hy  the  Legislature  January  18,  1917 
(Statutes,  1917,  page  1708). 

Form  of  Ballot.       Majority  Vote. 

Sec.  6.  The  ballots  used  when  voting  upon  said  proposed  meas- 
ure shall  contain  a  general  statement  thereof,  foUow^ed  by  the 
words  ''Yes"  and  "No,"  so  arranged  that  the  voter  may  indicate 
his  choice  upon  the  ballot.  If  a  majority  of  the  qualified  electors 
voting  on  said  proposed  measure  shall  vote  in  favor  thereof,  it 
shall  go  into  effect  ten  days  after  the  declaration  of  the  official 
count. 

Competing  and  Conflicting  Measures.       Repeal. 

Sec.  7.  When  there  are  two  or  more  measures  proposed  to 
secure  the  same  general  purpose,  the  Board  of  Election  Commis- 
sioners shall  so  declare,  and  shall  have  the  ballots  so  printed  that 
the  voter  (first)  can  choose  between  any  measure  or  none,  and 
(secondly)  can  express  his  preference  for  any  one.  If  a  majority 
of  the  votes  on  the  first  question  is  affirmative,  then  the  measure 
receiving  the  highest  number  of  votes  shall  become  law,  and  the 
others  shall  fail  of  passage.  In  case  two  or  more  measures  are 
tied  for  the  highest  vote,  they  shall  be  resubmitted  at  the  next 
ensuing  general  election.  If  there  is  a  conflict  between  two  or 
more  measures   or  between  two   or  more   Charter   amendments 


Article  XI,  Chapter  III.    Department  of  Elections.         179 

adopted  at  the  same  election,  then  the  measure  or  Charter  amend- 
ment receiving  the  highest  affirmative  vote  shall  prevail.  No  ordi- 
nance or  measure  approved  by  the  electorate  under  the  provision 
of  this  Chapter  shall  be  subject  to  veto,  or  be  amended  or  repealed 
except  by  vote  of  the  electorate,  unless  such  ordinance  or  measure 
shall  otherwise  provide. 

Elections. 

Sec.  8.  All  arrangements  for  an  election  under  this  Chapter 
shall  be  made  and  the  same  shall  be  conducted,  returned,  and  the 
results  thereof  declared,  so  far  as  practicable,  in  all  respects  as 
are  municipal  elections,  and  State  penal  laws  applicable  to  general 
elections  shall  apply  to  elections  held  hereunder ;  provided,  if  there 
be  any  conflict  of  provisions,  this  Chapter  shall  control.  Any 
number  of  proposed  measures,  ordinances,  referendum  petitions, 
or  other  measures,  may  be  submitted  on  one  petition  and  may  be 
voted  upon  at  the  same  election  in  accordance  with  the  provisions 
of  this  Chapter ;  provided,  that  there  shall  not  be  held  under  this 
Chapter  more  than  one  special  election  within  a  period  of  six 
months. 

Measure  to   Be  Mailed  to  Voters. 

Sec.  9.  Whenever  any  measure  is  required  by  this  Charter  to 
be  submitted  to  the  voters  of  the  City  and  County  at  any  election, 
the  Board  of  Election  Commissioners  shall  cause  the  measure  to 
be  printed,  in  substantially  the  same  form  as  the  latest  municipal 
edition  of  this  Charter,  and  th^y  shall  enclose  a  printed  copy 
thereof,  in  an  envelope  with  a  sample  ballot,  and  mail  the  same  to 
each  voter,  at  least  five  days  prior  to  the  election. 

Arguments  to  Be  Mailed  to  Voters. 

Sec.  10.  If  said  proposition  be  submitted  upon  an  initiative 
petition  of  the  registered  voters,  the  persons  filing  said  petition 
shall  have  the  right  to  present  to  the  Board  of  Election  Commis- 
sioners, at  any  time  tw^enty-five  days  prior  to  said  election,  copies 
of  printed  arguments  favoring  said  proposition :  if  said  proposi- 
tion be  submitted  by  the  Mayor,  or  by  the  Board  of  Supervisors, 
or  by  one-third  of  the  Board  of  Supervisors,  or  by  persons  filing  a 
referendary  petition,  they  shall  have  a  similar  right  to  present 
copies  of  printed  arguments;  said  arguments  shall  be  printed  in 
substantially  the  same  form  as  the  latest  municipal  edition  of  this 
Charter,  and  shall  not  exceed  ei«:ht  pages  in  length  upon  each 
proposition.  Any  person,  committee  or  organization  opposing 
any  proposition  may  each  present,  in  like  manner  and  of  the  same 
form  and  amount  and  within  the  same  time,  printed  arguments 
opposing  said  proposition.  Copies  of  said  arguments  either  for  or 
against,  shall  be  presented  eaual  in  number  to  five  per  cent  in 
excess  of  the  total  number  of  registered  voters.  The  Board  of 
Election  Commissioners  shall  cause  one  copy  of  each  of  said  argu- 
ments to  be  bound  wnth  their  copy  of  the  measure  or  amendment 
which  is  to  be  mailed  to  each  voter  as  required  by  Section  9  of 
this  Chapter. 


180  Charter  of  the  City  and  County  of  San  Francisco. 

Election  Is  Mandatory. 

Sec.  11.  If  any  measure  proposed  by  petition  or  upon  which  a 
referendum  vote  is  requested  by  petition,  in  accordance  with  the 
provisions  of  this  Charter  be  not  submitted  to  the  voters  at  or 
within  the  time  elsewhere  specified  in  this  Charter,  such  petition 
shall  remain  in  force  until  such  measure  shall  be  submitted  to  a 
vote,  and  no  bond  issue,  or  other  measure  proposed  by  the  Board 
of  Supervisors  shall  be  submitted  to  the  voters  unless  at  the  same 
election,  or  prior  thereto,  there  shall  be  submitted  to  the  voters  the 
measures  upon  which  a  vote  is  requested  by  petition,  if  any  vote 
be  so  requested  upon  which  a  vote  has  not  been  taken  at  or  within 
the  time  elsewhere  specified  in  this  Charter.  This  section  is  pro- 
hibitory and  mandatory. 

Charter   Amendments. 

Sec.  12.  The  provisions  of  this  Chapter,  unless  prohibited  by 
the  State  Constitution,  shall  apply  to  the  proposal,  submission  and 
adoption  of  Charter  amendments. 

Declarations  of   Policy. 

Sec.  13.  Any  declaration  of  policy  or  principle  of  legislation 
may  be  submitted  to  the  electors  in  the  manner  provided  for  the 
submission  of  ordinances ;  and  when  approved  by  a  majority  of  the 
voters  voting  at  any  election,  it  shall  thereupon  be  the  duty  of  the 
Board  of  Supervisors  or  other  legislative  body  to  enact  an  ordi- 
nance or  ordinances  to  carry  such  policies  or  principles  into  efi'ect, 
subject  to  the  referendum  provisions  of  Chapter  IV  of  Article  XI 
of  this  Charter. 

Special  Election  Fund. 

Sec.  14.  In  the  first  annual  budget  to  be  hereafter  adopted  by 
the  Board  of  Supervisors,  said  Board  shall  appropriate  not  less 
than  fifty  thousand  dollars,  to  be  known  as  the  special  election 
fund,  to  be  used  exclusively  for  defraying  the  cost  of  verifying 
petitions  and  other  expenses  of  special  elections  initiated  by  peti- 
tion of  the  electorate,  including  recall  elections.  In  the  event  of 
the  expenditure  of  any  of  said  fund,  the  Board  of  Supervisors  in 
the  next  succeeding  annual  budget  shall  appropriate  a  sum  suffi- 
cient to  replete  said  Special  Election  Fund. 

Substantial   Compliance. 

Sec.  15.  A  substantial  compliance  with  the  provisions  of  this 
Chapter  shall  be  sufficient  for  the  holding  of  an  election  hereunder 
and  the  approval  or  rejection  of  any  measure  submitted  thereat. 

Repeal    of    Present    Provision. 

Sec.  16.  Section  20  of  Chapter  I,  of  Article  II  of  said  Charter, 
relating  to  initiative  petitions,  is  hereby  repealed. 


I 


Article  XI,  Chapter  IV.    Department  of  Elections.         181 
.  CHAPTER  IV. 

THE    REFERENDUM. 
Public  Utilities. 

Section  1.  Every  ordinance  or  other  measure  involving  the 
lease  or  sale  of  anj-  public  utility,  or  the  granting  of  a  new  fran- 
chise for  the  operation  of  any  public  utility  whose  franchise  has 
expired  or  is  about  to  expire,  must  be  referred  and  submitted  to 
the  vote  of  the  electors  of  the  City  and  County  at  the  election  next 
ensuing  not  less  than  sixty  days  after  the  adoption  of  such  ordi- 
nance, and  shall  not  go  into  effect  until  ratified  by  a  majority  of 
the  voters  voting  thereon. 

Referendum  by  Supervisors.      By  Mayor. 

Sec.  2.  Any  ordinance  which  the  Supervisors  are  empowered 
to  pass  may  be  submitted  by  a  majority  of  the  Board  at  a  general 
election  or  at  a  special  election  called  for  the  purpose,  said  election 
to  be  held  not  less  than  thirty  days  from  the  date  of  the  call.  Any 
such  ordinance  may  be  proposed  by  one-third  of  the  Supervisors 
or  by  the  Mayor,  and  when  so  proposed  shall  be  submitted  to  the 
electors  at  the  next  succeeding  general  election. 

Referendum  by  Electors. 

Sec.  3.  No  ordinance  passed  by  the  Supervisors  granting  any 
public  utility  franchise  or  privilege,  or  authorizing  the  lease  or 
sale  of  any  lands,  or  authorizing  the  purchase  of  lands  of  more 
than  fifty  thousand  dollars  in  value  shall  go  into  effect  until  the 
expiration  of  sixty  days  from  the  date  it  becomes  final:  (a)  by 
approval  of  the  Mayor;  (6)  or  without  his  approval  by  the  expira- 
tion of  the  time  prescribed  by  this  Charter  within  which  he  may 
disapprove  it;  or  (c)  by  its  passage  by  the  Board  of  Supervisors 
over  his  objections  in  the  event  of  such  disapproval.  At  the  end  of 
such  sixty  days  such  ordinance  shall  be  in  force  and  effect,  unless 
within  such  period  there  shall  be  filed  with  the  Election  Commis- 
sioners a  petition  signed  by  registered  voters  equal  in  number  to 
five  per  cent  of  the  entire  vote  cast  for  Mayor  at  the  last  preceding 
regular  municipal  election,  requesting  that  such  ordinance  be  sub- 
mitted to  the  electors.  In  case  such  petition  is  filed,  such  ordi- 
nance shall  not  go  into  effect  until  approved  by  a  majority  of  the 
voters  voting  thereon  at  a  general  or  special  election. 

Regulations  Governing  Petitions. 

Sec.  4.  A  petition  asking  that  any  ordinance  be  submitted  to 
the  electors  shall  conform  to  the  provisions  of  Sections  2  and  3  of 
Chapter  III  of  this  Article  (the  initiative),  which  are  hereby  made 
a  part  hereof. 

Time  of  Elections. 

Sec.  5.  If  a  petition  be  filed  more  than  sixty  days  and  less 
than  ninety  days  prior  to  a  general  election,  it  shall  be  submitted 


182  Charter  of  the  City  and  County  of  San  Francisco. 

at  such  general  election.  Otherwise  it  shall  be  submitted  at  the 
next  'general  election  or  at  a  special  election  called  prior  thereto, 
as  the  Supervisors  shall  decide. 

Elections — How  Conducted. 

Sec.  6.  Sections  6,  7,  S,  9,  10,  11  and  15  of  Chapter  III  (the 
initiative),  so  far  as  applicable,  shall  govern  elections  held  under 
the  authority  of  this  Chapter. 

Majority  Vote. 

Sec.  7.  If  a  majority  of  the  votes  cast  on  any  ordinance  or 
measure  so  referred  to  the  electors,  as  herein  provided,  shall  be  in 
favor  thereof,  it  shall  go  into  effect  ten  days  after  the  determina- 
tion of  the  official  count;  otherwise  it  shall  be  repealed  and 
rejected. 

Substantial    Compliance. 

Sec.  8.  A  substantial  compliance  with  the  provisions  of  this 
Chapter  shall  be  sufficient  for  the  holding  of  an  election  here- 
under and  for  the  approval  or  rejection  of  any  measure  submitted 
thereat. 

Repeal. 

Sec.  9.  Section  21  of  Chapter  I  of  Article  II  of  this  Charter  is 
hereby  repealed. 

CHAPTER  V. 

THE  RECALL, 
Elected  Officials.       Ten   Per  Centum.       Statement  of  Grounds. 

Section  1.  The  holder  of  any  elective  office  may  be  removed  or 
recalled  b}^  the  electors.  The  procedure  to  effect  such  removal  or 
recall  shall  be  as  follows :  A  petition  demanding  the  election  of  a 
successor  to  the  person  sought  to  be  removed  or  recalled  shall  be 
filed  with  the  Board  of  Election  Commissioners.  Such  petition 
shall  be  signed  by  registered  voters  equal  in  number  to  at  least  ten 
per  cent  of  the  entire  vote  cast  for  Mayor  at  the  last  preceding 
general  municipal  election ;  provided,  that  not  less  than  seven 
thousand  nor  more  than  fifteen  thousand  signatures  of  such  elec- 
tors shall  be  required  on  such  petition.  Said  petition  shall  contain 
a  statement  of  the  grounds  on  which  the  removal  or  recall  is 
sought,  which  statement  is  intended  solely  for  the  information  of 
the  electors.  Any  insufficiency  of  form  or  substance  in  such  state- 
ment shall  in  no  wise  affect  the  validity  of  the  election  and  pro- 
ceedings held  hereunder.  No  recall  petition  shall  be  filed  against 
any  officer  until  he  has  actually  held  his  office  for  at  least  four 
months. 

Signatures.       Verification. 

Sec.  2.  Said  petition  shall  be  in  all  respects  in  accordance  with 
the  provisions  of  Sections  2  and  3  of  Chapter  III  (the  initiative) 
of  Article  XI  of  this  Charter,  which  sections  are  hereby  made  part 


Article  XI,  Chapter  V.    Department  of  Elections.  183 

hereof,  and  shall  be  examined  and  certified  as  provided  by  said 
sections  last  mentioned. — As  amended  November  7,  1916;  approved 
by  the  Legislature  January  18,  1917  (Statutes,  1917,  page  1708). 

Special   Election. 

Sec.  3.  Unless  the  petition  shall  be  found  insufficient  in  the 
number  of  signatures  of  registered  voters  attached  thereto,  within 
the  time  provided  for  examining  and  certifying  the  result  of  the 
examination  of  said  petition,  the  Board  of  Election  Commission- 
ers shall,  within  the  time  provided  therefor,  order  and  fix  a  date 
for  holding  the  said  election,  said  date  to  be  not  less  than  thirty- 
five  nor  more  than  fifty  days  after  the  date  of  the  order  fixing  the 
date  of  said  election;  provided,  however,  that  where  the  office  has 
become  vacant  by  death,  resignation  or  otherwise,  between  the  time 
of  the  filing  of  the  petition  and  the  fixing  of  a  date  for  an  election, 
no  recall  election  shall  be  held.  Such  vacancy  shall  be  filled  in  the 
manner  provided  by  this  Charter.  If  a  vacancy  occur  in  said  office 
after  a  date  for  holding  said  election  has  been  fixed,  as  herein  pro- 
vided, the  election  shall  nevertheless  proceed  as  in  this  Chapter 
provided. — As  amended  November  7,  1916;  approved  by  the  Legis- 
lature January  18,  1917.     (Statutes,  1917,  page  1708.) 

Several  Removals  at  One  Election.      Publication. 

Sec.  4.  One  petition  is  competent  to  propose  the  removal  and 
election  of  one  or  more  elective  officials.  One  special  election  is 
competent  for  the  removal  and  election  of  one  or  more  elective  offi- 
cials. The  Board  of  Election  Commissioners  «hall  make  or  cause  to 
be  made  due  publication  of  notice  of  said  election. 

Nominations. 

Sec.  5.  The  Registrar  of  Voters  shall  in  any  recall  election 
place  upon  the  ballot  the  name  of  the  incumbent  whose  removal  is 
thus  sought,  unless  such  incumbent  shall  file  in  writing  a  request 
that  his  name  do  not  appear.  Any  person  may  be  nominated  for 
any  office  sought  to  be  filled  at  such  recall  election  by  filing  the 
declaration  of  candidacy  and  the  certificates  of  not  less  than  ten 
or  more  than  twenty  sponsors  in  the  form  provided  in  Chapter  II 
of  this  article  for  the  general  municipal  election.  Such  declaration 
and  certificates  shall  be  filed  with  the  Registrar  of  Voters  not  less 
than  twenty-five  nor  more  than  thirty-five  days  before  the  date  set 
for  the  recall  election. — .4^  amended  November  7,  1916;  approved 
by  the  Legislature  January  18,  1917  (Statutes,  1917,  page  1708). 

Sample  Ballot.      Printed  Statements. 

Sec.  6.  Upon  the  sample  ballot  there  shall  be  printed  in  riot 
more  than  three  hundred  words  the  reasons  for  demanding  the 
recall  of  the  officer  as  set  forth  in  the  recall  petition,  and  upon  the 
same  ballot  in  not  more  than  three  hundred  words  the  officer  may 
justify  his  course  in  office. 


184  Charter  of  the  City  and  County  of  San  Francisco. 

Form  of  Ballot.       Election. 

Sec.  7.  Elections  for  the  recall  or  removal  of  an  elected  officer 
shall  be  conducted  as  provided  in  Chapter  II  of  this  article  for  the 
election  of  officers  at  the  general  municipal  election,  and  the  ballots 
shall  be  prepared,  cast  and  counted  in  the  manner  therein  pre- 
scribed.— As  amended  November  7,  1916;  approved  by  the  Legis- 
lature January  18, 1917  (Statutes,  1917,  page    1708). 

Removal.       Successor.       Second  Recall. 

Sec.  8.  If  some  other  person  than  the  incumbent  receive  the 
number  of  votes  required  to  constitute  an  election  the  incumbent 
shall  thereupon  be  deemed  removed  from  office  and  the  person  so 
elected  shall  succeed  him  upon  taking  the  oath  of  office.  The  suc- 
cessor of  the  official  so  removed  shall  hold  office  during  the  unex- 
pired portion  of  the  term  for  which  such  official  was  elected,  unless 
sooner  recalled  under  the  provisions  of  this  Chapter.  If  the  incum- 
bent receive  the  number  of  votes  necessary  to  constitute  an  elec- 
tion, he  shall  continue  in  office;  and  it  shall  require  not  less  than 
double  the  number  of  signatures  provided  in  Section  1  of  this 
Chapter  to  initiate  a  second  election  for  his  recall ;  and  if  reelected 
at  such  second  recall  election  it  shall  require  not  less  than  three 
times  the  number  of  signatures  provided  in  Section  1  of  this  Chap-< 
ter  to  initiate  a  third  election  for  the  recall  of  such  officer  during 
the  term  for  which  he  was  elected. — As  amended  November  7,  1916 ; 
approved  by  the  Legislature  January  18, 1917  (Statutes,  1917,  page 
1708). 

Reimbursement  for  Election  Expenses. 

Sec.  9.  If  the  incumbent  receive  a  majority  of  the  votes  at  such 
recall  election,  he  shall  be  reimbursed  out  of  the  Special  Election 
Fund  for  his  expenses  in  such  recall  election;  provided,  that  such 
payment  shall  not  exceed  the  amount  he  is  permitted  to  spend 
under  the  Purity  of  Elections  Act  now  in  force. 

Vacancies.     Disqualification. 

Sec.  10.  In  the  event  of  a  vacancy  occurring  in  any  such  office 
between  the  date  of  the  filing  of  such  petition  with  the  Board  of 
Election  Commissioners  and  the  holding  of  such  election  where 
such  petition  is  found  sufficient,  such  vacancy  shall  be  filled  in  the 
same  manner  as  other  vacancies  occurring  in  such  office,  but  the 
person  selected  to  fill  such  vacancy  shall  hold  such  office  only  until 
the  person  elected  in  accordance  with  the  provisions  of  this  Chap- 
ter shall  qualify.  No  person  who  has  been  recalled  from  an  elective 
office,  or  who  has  resigned  from  such  office  while  recall  proceedings 
were  pending  against  him,  shall  be  appointed  to  any  office  within 
two  years  after  such  recall  or  resignation.  ' 

Substantial  Compliance. 

Sec,  11.  A  substantial  compliance  with  the  provisions  of  this 
Chapter  shall  be  sufficient  for  the  holding  of  an  election,  and  for 
the  removal  and  election  of  any  officer  thereunder. 


Article  XI,  Chapter  Y.    Department  of  Elections.  185 

Repeal   of   Present   Provisions. 

Sec.  12.  Section  23  of  Chapter  I  of  Article  II  of  said  Charter, 
relating  to  the  recall  of  elected  officials,  is  hereby  repealed. 

In  Effect  January  8,  1912. 

See.  13.  This  Chapter  shall  go  into  effect  January  8,  1912.— 
Chapters  III,  IV  and  V  added  by  amendment  November  15,  1910; 
approved  by  the  Legislature  February  17,  1911  (Statutes, 
1911,  page  1661). 


186  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  XII. 
ACQUISITION  OF  PUBLIC  UTILITIES. 
Intention   of  the    People. 

It  is  hereby  declared  to  be  the  purpose  and  intention  of  the  peo- 
ple of  the  City  and  County  that  its  public  utilities  shall  be  grad- 
ually acquired  and  ultimately  owned  by  the  City  and  County.  To 
this  end  it  is  hereby  ordained : 

Plans  and    Estimates   of  Cost   of  Construction.       Cost  of  Water  Works, 
Sources   of   Supply.     Supervisors   to    Negotiate   for   Acquisition. 

Section  1.  Whenever  the  Board  of  Supervisors  by  ordinance,  as 
hereinafter  provided,  shall  determine  that  the  public  interest  or 
necessity  demands  the  acquisition,  construction  or  completion  of 
any  public  utility  or  utilities  by  the  City  and  County,  or  whenever 
the  electors  shall  petition  the  Board  of  Supervisors,  as  provided  in 
Section  3  of  this  Article,  for  the  acquisition  of  any  public  utility  or 
utilities,  the  Board  of  Supervisors  must  procure  from  the  Board  of 
Public  Works,  through  the  City  Engineer,  plans  and  estimates  of 
the  cost  of  original  construction  and  completion,  by  the  City  and 
County,  of  such  public  utility-  or  utilities. 

In  securing  estimates  of  the  cost  of  original  construction  and 
completion  of  water  works,  by  the  City  and  County,  the  Board  of 
Supervisors  must  procure,  as  hereinabove  specified,  and  place  on 
file  plans  and  estimates  of  the  cost  of  obtaining  from  such  sources 
as  the  Board  of  Supervisors  may  designate  as  available,  a  sufficient 
supply  of  good,  pure  water  for  tliQ  City  and  County. — As  amended 
December  4,  1902;  approved  hy  the  Legislature  Fehruary  5,  1903 
(Statutes,  1903,  page  591). 

Offers  for  the  Sale  of  Utilities. 

Sec.  2.  Before  submitting  propositions  to  the  electors  for  the 
acquisition  by  original  construction  or  condemnation  of  public 
utilities,  the  Board  of  Supervisors  must  solicit  and  consider  offers 
for  the  sale  to  the  City  and  County  of  existing  utilities,  in  order 
that  the  electors  may  have  the  benefit  of  acquiring  the  same  at  the 
lowest  possible  cost  thereof. — -45  amended  December  4,  1902;  ap- 
proved by  the  Legislature  February  5,  1903  (Statutes,  1903,  page 
591). 

Petition  of  Electors.     Duty  of  Supervisors.     Duty  of  Clerk.     Mayor  May 
Also  Submit  Proposition.    Two  Alternative  Propositions.     Supervisors 
May    Proceed    at    Once.      Power    of    Supervisors. 
Sec.  3.     Whenever  a  petition  or  petitions,  each  signed  by  elec- 
tors of  the  City  and  County  equal  in  number  to  fifteen  per  Centura 
of  all  the  votes  cast  in  the  City  and  County  at  the  last  preceding 
general  election,  shall  be  presented  to  the  Board  of  Supervisors, 
setting  forth  that  the  signers  of  such  petition  or  petitions  favor 
the  acquisition  of  the  public  utility  or  utilities  therein  named,  it 
shall  be  the  duty  of  the  Clerk  of  the  Board  of  Supervisors  to  imme- 


Article  XII.    Acquisition  of  Public  Utilities.  187 

diately  proceed  to  examine  and  verify  the  signatures  to  such  peti- 
tion or  petitions,  and  to  certify  the  result  of  such  examination  to 
the  Board  of  Supervisors.  If  the  required  number  of  signatures  be 
found  to  be  genuine,  the  Clerk  shall  transmit  to  the  Mayor  an 
authentic  copy  of  such  petition  or  petitions,  without  the  signatures 
thereto. 

Upon  receiving  a  certificate  of  the  Clerk  that  the  petition  or 
petitions  contain  the  required  number  of  genuine  signatures,  it 
sliall  be  the  duty  of  the  Board  of  Supervisors  to  procure,  in  the 
manner  specified  in  Section  1  of  this  Article,  plans  and  estimates 
of  the  cost  of  original  construction  and  completion  of  each  public 
utility  named  in  such  petition  or  petitions. 

Thereafter,  the  Board  of  Supervisors  shall  formulate  for  sub- 
mission to  the  electors  of  the  City  and  County  at  a  special  election 
called  for  the  purpose,  a  separate  proposition  for  the  acquisition 
of  each  public  utility  named  in  such  petition  or  petitions. 

The  ]\Iayor  shall  also  have  the  right  to  formulate  and  submit  to 
the  electors,  at  such  special  election,  a  proposition  for  the  acquisi- 
tion of  each  public  utility  named  in  such  petition  or  petitions,  sep- 
arate from  the  proposition  therefor  formulated  by  the  Board  of 
Supervisors. 

All  propositions  formulated  under  the  provision  of  this  Section 
shall  be  completed  within  six  months  after  the  filing  of  such  peti- 
tion or  petitions. 

Nothing  in  this  Section  shall  be  so  construed  as  to  prohibit  the 
Board  of  Supervisors  from  responding  to  the  aforesaid  petition  or 
petitions  of  the  electors  requesting  the  acquisition  of  any  public 
utility  or  utilities  by  proceeding  at  once,  without  the  submission  of 
propositions  to  the  electors  as  aforesaid,  to  pass  an  Ordinance  de- 
claring its  determination,  as  provided  in  Section  5  of  this  Article, 
to  acquire  the  same,  and  from  proceeding  thereafter  to  secure  the 
acquisition  thereof,  as  hereinafter  provided. — As  amended  Decem- 
ber 4,  1902;  approved  hy  the  Legislature  February  5,  1903  (Stat- 
utes, 1903,  page  591). 

Supervisors  to  Call  Special  Election  When  and  for  What  Purpose. 
Acquisition  Through  Annual  Revenues.  Majority  of  Electors  to 
Decide.  Acquisition  Through  Bond  Issues.  Board  to  Undertake 
Proceedings   When.     Two-Thirds   Vote   of   Electors   to    Decide. 

Sec.  4.  At  the  next  regular  meeting  after  the  completion  of  the 
proposition  or  propositions  for  the  acquisition  of  the  public  utility 
or  utilities  named  in  such  petition  or  petitions,  the  Board  of  Super- 
visors by  Ordinance,  as  hereinafter  in  Section  6  provided,  shall  call 
a  special  election,  at  which  the  propositions  of  the  Board  of  Super- 
visors and  of  the  Mayor,  if  he  formulate  any,  shall  be  submitted  to 
the  electors  of  the  City  and  County. 

When  the  cost  of  any  public  utility  or  utilities  named  in  such 
petition  or  petitions  can  be  paid  out  of  the  annual  revenues  of  the 
City  and  County  in  addition  to  the  other  necessary  expenses  there- 


188  Charter  of  the  City  and  County  of  San  Francisco. 

of,  each  proposition  therefor,  submitted  to  the  electors,  shall  specify 
the  cost  of  the  utility  therein  proposed  for  acquisition  by  the  City 
and  County,  the  proposed  method  and  manner  of  payment  thereof, 
and  the  Board  of  Supervisors  shall  submit  therein  to  the  electors 
the  question  whether  the  same  shall  be  acquired  upon  such  terms. 
A  majority  of  the  electors  voting  at  such  special  election  shall  be 
necessary  to  accept  such  proposition. 

At  as  early  a  date  after  the  determination  of  the  result  of  such 
special  election  as  the  Board  of  Supervisors  shall  deem  for  the  best 
interests  of  the  City  and  County,  it  shall  undertake  proceedings  and 
enter  into  such  negotiations  and  contracts  as  may  be  necessary  for 
the  acquisition  of  any  public  utility  or  utilities  named  in  any  prop- 
osition or  propositions  accepted  by  a  majority  of  the  electors  voting 
at  such  special  election. 

If,  however,  the  cost  of  any  public  utility  or  utilities,  named  in 
any  petition  or  petitions  of  the  electors,  shall  so  far  exceed  the 
annual  revenues  of  the  City  and  County,  in  addition  to  the  other 
necessary  expenses  thereof,  as  to  render  it  necessary  to  incur  a 
municipal  bonded  indebtedness  therefor,  each  proposition  for  the 
acquisition  of  such  public  utility  or  utilities  shall  specify  the 
amount  of  the  bonded  indebtedness  necessary  therefor  and  the  rate 
of  interest  thereon,  and  the  Board  of  Supervisors  shall  submit  to 
the  electors,  at  such  special  election,  the  question  whether  such 
bonded  indebtedness  shall  be  incurred.  At  least  two-thirds  of  the 
electors  voting  at  such  special  election  shall  be  necessary  to  secure 
the  acquisition  of  such  public  utility  or  utilities  and  to  warrant  the 
issuance  of  municipal  bonds  therefor. — As  amended  December  4, 
1902;  approved  by  the  Legislature  February  5,  1903  (Statutes, 
1903,  page  592). 

Ordinance  of  Intention  to  Be  PublisFiecl  Two  Weeks.  Duty  of  Board 
Wlien  Cost  Can  Be  Paid  Out  of  Annual  Revenues.  Incurring  of 
Municipal   Bonded    Indebtedness. 

Sec.  5.  Whenever  the  Board  of  Supervisors  shall  determine  that 
the  public  interest  or  necessity  demands  the  acquisition,  construc- 
tion or  completion  of  any  public  utility  or  utilities,  it  shall  spe- 
cifically declare  such  determination  by  an  Ordinance,  which  shall 
also  direct  the  Board  of  Public  Works  to  procure  and  file  plans  and 
estimates  of  the  cost  of  original  construction  and  completion  of 
such  public  utility  or  utilities.  Such  Ordinance  shall  be  published 
for  at  least  two  weeks  in  the  official  newspaper. 

When  the  cost  of  such  public  utilities,  or  any  of  them,  can  be 
paid  out  of  the  annual  revenues  of  the  City  and  County  in  addition 
to  the  other  necessary  expenses  thereof,  the  Board  of  Supervisors 
shall,  as  soon  after  the  filing  of  the  plans  and  estimates  of  cost 
thereof  as  it  may  deem  for  the  best  interests  of  the  City  and 
County,  enter  into  such  negotiations  and  contracts  as  may  be  nec- 
essary for  the  acquisition  of  the  same. 


Article  XII.    Acquisition  of  Public  Utilities.  189 

If,  however,  the  cost  of  such  public  utilities,  or  any  of  them,  shall 
so  far  exceed  the  annual  revenues  of  the  City  and  County  in  addi- 
tion to  the  other  necessary  expenses  thereof,  as  to  render  it  neces- 
sary to  incur  a  municipal  bonded  indebtedness  therefor,  the  Board 
of  Supervisors  shall,  at  any  regular  meeting  held  within  eight 
weeks  after  the  filing  of  the  plans  and  estimates  of  cost  thereof,  by 
Ordinance,  as  hereinafter  in  Section  6  of  this  Article  provided,  call 
a  special  election,  at  which  shall  be  submitted  to  the  electors  a 
proposition  or  propositions  for  the  acquisition  of  such  public  utility 
or  utilities.  Such  propositions  shall  specify  the  amount  of  the 
bonded  indebtedness  necessary  for  the  acquisition  of  the  utility  or 
utilities  therein  named  and  the  rate  of  interest  thereon,  and  the 
Board  of  Supervisors  shall  submit  to  the  electors  the  question  or 
questions  whether  such  bonded  indebtedness  shall  be  incurred.  At 
least  two-thirds  of  the  electors  voting  at  such  special  election  shall 
be  necessary  to  warrant  the  issuance  of  municipal  bonds  for  the 
acquisition  of  such  public  utility,  or  any  of  them. — As  amended 
December  4,  1902:  approved  by  the  Legislature  February  5,  1903 
(Statutes,  1903,  page  593). 

Ordinance  Calling  Special  Election.       Questions  to  Be  Submitted. 

Sec.  6.  Whenever,  under  the  provisions  of  this  Article,  it  shall 
be  necessary  to  call  a  special  election  for  the  purpose  of  submitting 
to  the  electors  a  proposition  or  propositions  for  the  acquisition  of 
public  utilities,  the  Board  of  Supervisors  shall  pass  an  Ordinance 
calling  such  special  election  for  such  purpose. 

At  such  special  election  all  propositions  for  the  acquisition  of 
public  utilities,  formulated  under  the  provisions  of  this  Article, 
may  be  submitted  to  the  electors  of  the  City  and  County.  No  ques- 
tion except  the  acquisition  of  public  utilities  and  the  incurring  of 
municipal  indebtedness  therefor  shall  be  submitted  at  such  special 
election. — As  amended  December  4^  1902;  approved  by  the  Legis- 
lature February  5,  1903  (Statutes,  1903,  page  594). 

Ordinance  for  Special  Election  Shall  Set  Forth  What.  Bonded  Indebted- 
ness. 
Sec.  7.  The  Ordinance  calling  such  special  election  shall  set 
forth  the  purposes  for  which  the  election  is  called,  the  estimated 
cost  of  each  utility  proposed  for  acquisition  by  the  City  and 
County,  the  proposed  method  and  manner  of  payment  thereof,  and 
shall  fix  a  day  on  which  such  special  election  shall  be  held,  the  man- 
ner of  holding  such  election  and  the  manner  of  voting  for  or  against 
each  proposition  thereat  submitted  to  the  electors;  and,  if  it  shall 
be  necessary  to  incur  a  municipal  indebtedness  for  any  utility  or 
utilities  therein  proposed  for  acquisition  by  the  City  and  County, 
the  Ordinance  shall  specify  the  objects  and  purposes  for  which 
such  indebtedness  is  proposed  to  be  incurred,  and  that  bonds  of  the 
City  and  County  shall  issue  for  the  payment  of  the  cost  of  such 
utility  or  utilities,  as  in  such  Ordinance  set  forth  (if  the  proposi- 
tion or  propositions  therefor  be  accepted  by  the  electors).*    Such 


190  Charter  of  the  City  and  County  of  San  Francisco. 

election  shall  be  held  as  provided  by  law  for  holding  elections  in 
the  City  and  County. — As  amended  December  4,  1902;  approved 
hy  the  Legislature  February  5,  1903  (Statutes,  1903,  page  594). 

Publication  of  Ordinance  for  Ten  Days.  Notice  of  Election  for  Fourteen 
Days. 
Sec.  8.  Such  Ordinance  shall  be  published  daily  for  at  least  ten 
days  in  the  official  newspaper.  At  the  expiration  of  said  ten  days 
the  Supervisors  shall  cause  to  be  published  daily  for  not  less  than 
two  weeks  in  the  official  newspaper  a  notice  of  such  special  election. 
Such  notice  shall  specify  the  purpose  for  which  the  indebtedness  is 
to  be  incurred,  the  number  and  character  of  the  bonds  to  be  issued, 
the  rate  of  interest  to  be  paid,  and  the  amount  of  tax  levy  to  be 
made  for  the  payment  thereof. — As  amended  December  4,  1902; 
approved  by  the  Legislature  February  5, 1903  (Statutes,  1903,  page 
594). 

Limit  of   Indebtedness. 

Sec.  9.  No  indebtedness  shall  be  incurred  for  the  acquisition  of 
any  public  utilities  under  the  provisions  of  this  Article,  which,  to- 
gether with  the  existing  bonded  indebtedness  of  the  City  and 
County,  shall  exceed  at  any  one  time  fifteen  per  centum  of  the 
assessed  value  of  all  real  and  personal  property  in  the  City  and 
County;  provided,  that  any  bonded  indebtedness  which  may  be 
incurred  under  the  provisions  of  Section  29a  of  Article  XVI  of 
the  Charter,  in  aid  of  an  exposition  to  celebrate  the  completion  of 
the  Panama  Canal,  shall  be  exclusive  of  the  bonded  indebtedness  of 
the  City  and  County  limited  by  this  Section. — As  amended 
November  15,  1910;  approved  by  the  Legislature  February  17, 
1911    (Statutes,  1911,  page  1661). 

Bonds  for  Acquisition  of  Public  Utilities.  Form,  Denomination.  How 
Sold.  Proceeds  of  Sale:  to  What  Applied.  Unsold  Bonds.  Unsold 
Bonds  Heretofore  Issued.       Registered  Bonds. 

Sec.  10.  The  bonds  issued  under  the  provisions  of  this  Article 
shall  be  of  such  form  as  the  Supervisors  in  the  ordinance  calling 
the  election  therefor  shall  determine ;  but  such  bonds  shall  be  pay- 
able, interest  and  principal,  in  gold  coin  of  the  United  States.  The 
interest  on  such  bonds  shall  not  exceed  5  per  cent  per  annum,  and 
they  shall  be  redeemed  at  such  times  and  in  such  amounts  as  the 
Supervisors  shall  determine,  as  set  forth  in  the  ordinance  calling 
the  special  election;  provided,  that  redemption  of  such  bonds  shall 
begin  in  not  more  than  eighteen  years  and  shall  be  completed  in 
not  more  than  seventy-five  years  from  the  date  of  the  issue. 

The  bonds  so  issued  shall  be  exempt  from  all  taxation  for  muni- 
cipal purposes  and  shall  be  issued  in  denominations  of  not  less  than 
ten  dollars  and  not  more  than  one  thousand  dollars,  and  preference 
in  the  sale  and  allotment  thereof  shall  be  given  to  subscribers  for 
the  smallest  amounts  and  the  lowest  denominations. 

The  Supervisors  shall  fix  the  times  and  places  at  which  the  pay- 
ment oi.  interest  or  principal  may  be  made. 


Article  XII.    Acquisition  of  Public  Utilities.  191 

Such  bonds  when  issued  may  be  sold  by  the  Supervisors  from 
time  to  time,  as  required,  and  in  such  quantities  as  they  may  deter- 
mine. When  such  bonds  are  offered  for  sale  they  shall  be  adver- 
tised in  the  official  paper  and  otherwise  if  so  ordered  by  the  Super- 
visors and  sealed  proposals  for  the  purchase  of  the  whole  or  any  part 
thereof  offered  shall  be  opened  at  the  time  specified  in  such  adver- 
tisements. All  proposals  for  the  purchase  of  such  bonds  shall  be 
accompanied  by  a  deposit  of  5  per  cent  of  the  amount  bid  in  lawful 
money  of  the  United  States  or  by  a  deposit  of  a  certified  check 
payable  to  the  Clerk  of  the  Board  of  Supervisors  of  the  City  and 
County  for  a  like  sum;  provided,  that  no  deposit  need  exceed  the 
sum  of  ten  thousand  dollars,  and  that  no  deposit  need  be  given  by 
the  State  of  California,  which  money  or  check  shall  be  forfeited  by 
the  bidder  in  case  he  fails  to  accept  and  pay  for  the  bonds  bid  for 
by  him  if  his  bid  is  accepted.  Bonds  shall  be  sold  to  the  highest 
bidder  for  not  less  than  par,  but  the  Supervisors  shall  have  the 
right  to  reject  any  or  all  bids  made  for  the  purchase  thereof.  If 
less  than  the  amount  of  bonds  offered  shall  be  sold,  the  Supervisors 
may,  with  the  concurrence  of  fourteen  members  and  the  Mayor, 
place  such  unsold  bonds  on  sale  at  the  City  Treasury,  or  at  branches 
thereof  established  by  the  Treasurer  for  public  convenience;  and 
such  bonds  may  be  sold  to  any  applicant  at  such  prices  as  may  be 
fixed  by  the  Supervisors;  provided,  that  such  prices  shall  not  be 
less  than  par  and  accrued  interest. 

The  proceeds  of  any  sale  of  bonds  shall  be  placed  in  the  treasury 
to  the  credit  of  the  proper  fund,  and  shall  be  applied  exclusively 
to  the  purposes  and  objects  mentioned  in  the  ordinance  authorizing 
their  issue  until  such  objects  are  fully  accomplished;  after  which, 
if  any  surplus  remains,  such  surplus  may  be  transferred  to  the 
general  fund,  except  that  if  such  surplus  exceeds  the  sum  of  two 
thousand  dollars,  then  such  surplus  and  the  whole  thereof  shall  be 
transferred  to  the  appropriate  fund  or  funds  to  pay  the  interest 
and  maintain  the  sinking  fund  or  provide  for  the  retirement  of  the 
bonded  indebtedness  in  connection  with  which  such  surplus  re- 
mains. 

If  the  bonds  or  any  of  them  offered  for  sale  shall  remain  unsold 
the  Supervisors  may  so  declare,  and  may,  with  the  concurrence  of 
fourteen  members  and  the  Mayor,  cancel  such  unsold  bonds;  pro- 
vided, that  no  bonds  shall  be  canceled  as  aforesaid  unless  the  same 
have  been  offered  for  sale  by  advertisement,  as  above  provided,  at 
least  three  separate  times  at  intervals  of  not  less  than  thirty  days; 
and,  provided,  that  no  such  bonds  shall  be  canceled  by  the  Super- 
visors as  aforesaid  for  which  par  or  above  has  been  bid  by  any 
bona  fide  responsible  bidder  or  bidders. 

The  provisions  of  this  Section,  regarding  the  cancellation  of  un- 
sold bonds,  shall  apply  to  any  bonds  that  have  been  heretofore 
issued  or  to  any  bonds  that  have  been  heretofore  authorized  by  a 
vote  of  the  electors  of  the  City  and  County  under  this  Section  or 
under  Section  29  of  Article  XVI  of  this  Charter,  and  that  remain 


192  Charter  of  the  City  and  County  of  San  Francisco. 

unsold  after  efforts  to  sell  the  same  shall  have  been  made  as  above 
provided. 

Whenever  the  owner  of  any  coupon  bond,  or  of  any  bond  pay- 
able to  bearer,  already  issued  or  hereafter  issued  by  the  City  and 
County  shall  present  any  such  bond  to  the  Treasurer  with  a  request 
for  the  conversion  of  such  bond  into  a  registered  bond,  such  Treas- 
urer shall  cut  off  and  cancel  the  coupons  of  any  such  coupon  bond 
so  presented,  and  shall  stamp,  print  or  write  upon  such  coupon 
bond  or  such  other  bond  payable  to  bearer,  so  presented,  either  upon 
the  back  or  upon  the  face  thereof,  as  may  be  convenient,  a  state- 
ment to  the  effect  that  the  said  bond  is  registered  in  the  name  of 
the  owner,  and  that  thereafter  the  interest  and  principal  of  said 
bond  are  payable  to  the  registered  owner.  Thereafter,  and  from 
time  to  time,  any  such  bond  may  be  transferred  by  such  registered 
owner  in  person,  or  by  attorney  duly  authorized,  on  presentation 
of  such  bond  to  Treasurer,  and  the  bond  be  again  registered  as 
before,  a  similar  statement  being  stamped,  printed  or  written 
thereon.  Such  statement  stamped,  printed  or  written  upon  any 
such  bond  may  be  in  substantially  the  following  form : 

(Date — giving  month,  year  and  day.) 

This  bond  is  registered  pursuant  to  Charter  of  the  City  and 

County  of  San  Francisco,  State  of  California,  in  the  name  of 

(here  insert  name  of  ow^ner),  and  the  interest  and  principal  thereof 

are  hereafter  payable  to  such  owner.  

Treasurer. 

After  any  bond  shall  have  been  registered  as  aforesaid,  the 
principal  and  interest  of  such  bond  shall  be  payable  to  tjie  regis- 
tered owner.  Such  Treasurer  shall  keep  in  his  office  a  book  or 
books  w^hich  shall,  at  all  times,  show  w^hat  bonds  are  registered 
and  in  whose  names,  respectively. — As  amended  November  5,  1907 ; 
approved  hy  the  Legislature  November  22,  1907  (Statutes  Special 
Session,  1907,  page  15). 

Supervisors  to  Sell  Library  Bonds. 

Sec.  10a.  The  Board  of  Supervisors  is  hereby  authorized  to  sell 
certain  bonds  authorized  at  an  election  held  September  29,  1903, 
and  described  as  ''Library  Bonds,"  dated  July  1,  1904,  below  the 
par  value  thereof,  such  price,  however,  not  to  be  less  than  that 
which  will  net  the  purchaser  four  and  one-half  per  cent  per  annum 
according  to  the  standard  table  of  bond  values.  The  signatures 
of  the  officers  in  office  at  the  time  such  bonds  were  dated  affixed 
to  such  bonds  shall  be  sufficient  to  establish  their  validity. — New 
Section  added  by  amendment  December  10,  1912;  approved  by  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Signatures.      Coupons. 

Sec.  11.  Such  bonds  shall  be  signed  by  the  Mayor  and  the 
Treasurer,  and  shall  be  countersigned  by  the  Auditor.  The  coupons 
shall  be  numbered  consecutively  and  signed  by  the  Treasurer,  and 


Article  XII.    Acquisition  of  Puhlic  Utilities.  193 

the  bonds  and  coupons  shall  be  payable  at  the  office  of  the  Treas- 
urer.— ^5  amended  December  4,  1902;  approved  by  the  Legislature 
February  5, 1903  (Statutes  1903,  page  595). 

Levy  of  Tax  to  Pay  Annual  Interest  on  Bonds. 

Sec.  12.  At  the  time  of  levying  the  municipal  tax,  and  in  the 
manner  provided  for  such  tax  levy,  the  Supervisors  shall  levy  and 
collect  annually  a  tax  sufficient  to  pay  the  annual  interest  on  such 
bonds,  and  also  such  part  of  the  bonded  municipal  indebtedness  as 
will  fall  due  within  the  succeeding  fiscal  year,  and  as  may  be  neces- 
sary to  provide  for  the  sinking  fund  payments  of  the  next  succeed- 
ing fiscal  year;  provided,  that  when  the  interest  and  sinking  fund 
payments  for  any  fiscal  year  on  the  bonds  issued  for  any  public 
utility  can  be  met  out  of  the  surplus  earnings  of  such  public  utility 
for  the  preceding  fiscal  year,  no  tax  shall  be  levied  for  such  purpose. 
Such  taxes  shall  be  in  addition  to  all  other  taxes  levied  for  munici- 
pal purposes,  and  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  other  municipal  taxes  are  collected. — As  amended 
November  5,  1907;  approved  by  the  Legislature  November  22,  1907 
(Statutes  Special  Session,  1907,  page  17). 

Penalty  for  Failure  to   Enforce  This  Article. 

Sec.  13.  A  neglect  or  refusal  on  the  part  of  the  Supervisors  to 
comply  with  the  provisions  of  this  Article  shall  constitute  cause  for 
the  removal  from  office  of  any  member  or  members  of  the  Board 
guilty  of  such  neglect  or  refusal. — As  amended  December  4,  1902; 
approved  by  the  Legislature  February  5, 1903  (Statutes,  1903,  page 
596). 

Power  to   Acquire    Public   Utilities. 

Sec.  14.  The  City  and  County  shall  have  power  to  acquire,  con- 
struct or  complete  any  public  utility  from  funds  derived  from  taxes 
levied  for  that  purpose,  or  from  funds  derived  from  the  sale  of 
bonds  issued  for  that  purpose,  as  is  provided  in  this  Charter,  and 
may  operate,  maintain,  sell  or  lease  the  same,  subject  to  the  other 
provisions  and  limitations  of  this  Charter. 

Acquisition  of  Lands  for  Water  Purposes. 

See.  15.  The  Supervisors  shall  have  power,  in  the  name  and  for 
the  benefit  of  the  City  and  County,  to  acquire  by  purchase  or  con- 
demnation, subject  to  the  conditions  and  limitations  in  this  Charter 
and  the  general  laws  of  the  State  prescribed,  any  lands  situated 
within  the  State  of  California  necessary  for  constructing  or  main- 
taining canals,  aqueducts,  reservoirs,  tunnels,  flumes,  ditches,  or 
pipes  for  conducting  or  storing  water  for  the  use  of  the  City  and 
County,  or  the  inhabitants  thereof. 

Disposition   of   Receipts   From    Public   Utilities. 

Sec.  16.  1.  Whenever  any  public  utility  shall  be  operated  by 
the  City  and  County,  the  receipts  from  such  utility  shall  be  paid 
daily  into  the  city  treasury,  and  maintained  in  a  special  fund  set 


194  Charter  of  the  City  and  County  of  San  Francisco. 

aside  for  such  utility.     The  Supervisors  may,  from  time  to  time, 
make  appropriations  from  such  funds  for  the  following  purposes: 

(a)  For  the  payment  of  the  operating  expenses  of  such  utility; 

(b)  For  repairs  and  reconstruction; 

(c)  For  payment  of  interest  and  sinking  fund  on  the  bonds 
issued  for  the  acquisition  or  construction  of  such  utility ; 

{d)     For  extensions  and  improvements; 
(e)     For  a  reserve  fund. 

Reserve   Fund. 

2,  Whenever  the  Reserve  Fund  shall  exceed  one-half  of  the  pay- 
ment for  operating  expenses  in  the  preceding  fiscal  year,  the  Super- 
visors shall  have  the  power  to  appropriate  such  excess  to  the  General 
Fund. 

Books  of  Account. 

3.  The  City  and  County,  when  owning  any  public  utility,  shall 
keep  the  books  of  account  for  such  public  utility  distinct  from  other 
City  and  County  accounts,  and  in  such  manner  as  to  show  the  true 
and  complete  financial  results  of  such  municipal  owaiership,  or 
ownership  and  operation,  as  the  case  may  be.  Such  accounts  shall 
be  so  kept  as  to  show  the  actual  cost  to  the  City  and  County  of  the 
public  utility  owned;  all  costs  of  maintenance,  extension  and 
improvement ;  all  operating  expenses  of  every  description,  and,  in 
case  of  such  municipal  operation,  the  amounts  set  aside  for  Sinking 
Fund  purposes.  If  any  service  shall  be  furnished  for  the  use  of 
such  public  utility  without  charge,  the  accounts  shall  show  as  nearly 
as  possible  the  value  of  such  service,  and  also  the  value  of  such  sim- 
ilar service  rendered  by  the  public  utility  to  any  other  municipal 
department  without  charge;  such  accounts  shall  also  show  reason- 
able allowances  for  interest,  depreciation  and  insurance,  and  also 
estimates  of  the  amount  of  taxes  that  would  be  chargeable  against 
such  property  if  owned  by  a  private  corporation.  The  Supervisors 
shall  cause  to  be  printed  annually  for  public  distribution  a  report 
showing  the  financial  results,  in  form  as  aforesaid,  of  such  munici- 
pal ownership  and  operation.  The  accounts  of  such  public  utility, 
kept  as  aforesaid,  shall  be  examined  at  least  once  a  year  by  an 
expert  accountant,  who  shall  report  to  the  Supervisors  the  result  of 
his  examination.  Such  expert  accountant  shall  be  selected  in  such 
manner  as  the  Supervisors  may  direct,  and  he  shall  receive  for  his 
services  such  compensation,  to  be  paid  out  of  the  income  or  revenues 
from  such  public  utility,  as  the  Supervisors  may  prescribe. — >S^ec- 
tions  14,  15,  16  added  hy  amendment  adopted  November  5,  1907 ; 
approved  by  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907,  page  37). 


Article  XIII,  Civil  Service.  195 

AETICLE  XIII. 

CIVIL  SERVICE. 
Appointment  and   Removal  of  Commissioners. 

Section  1.  The  Mayor  shall  appoint  three  persons  as  Civil 
Service  Commissioners,  who  shall  constitute  the  Civil  Service  Com- 
mission. The  persons  so  appointed  shall,  before  taking  office,  make 
under  oath,  and  file  in  the  office  of  the  County  Clerk,  the  following 
declaration:  "I  am  opposed  to  appointments  to  the  Civil  Service  as 
a  reward  for  political  activity,  and  will  execute  the  duties  of  Civil 
Service  Commissioner  in  the  spirit  of  this  declaration."  The  term 
of  one  Commissioner  shall  terminate  at  twelve  o'clock  noon,  July  1, 
1915;  the  term  of  another  shall  terminate  at  twelve  o'clock  noon, 
July  1,  1917,  and  the  term  of  another  shall  terminate  at  twelve 
o'clock  noon,  July  1,  1919.  On  the  expiration  of  the  term  of  any 
such  Commissioner  the  ^layor  shall  appoint  a  successor  with  like 
qualifications  to  serve  as  a  Commissioner  for  a  term  of  six  years. 
Each  of  the  Commissioners  shall  receive  an  annual  salary  of  twelve 
hundred  dollars.  The  Commissioners  may  be  removed  from  office 
in  the  same  manner  as  are  elective  officers  of  the  City  and  County, 
and  not  otherwise.  The  Supervisors  shall  appropriate  annually  not 
less  than  twelve  thousand  five  hundred  dollars  for  the  expenses  of 
the  Commission,  and  not  less  than  five  thousand  dollars  additional 
for  the  inspection  service  provided  in  Section  14  of  this  Article. — 
As  amended  December  10, 1912;  approved  by  the  Legislature  March 
28, 1913  (Statutes,  1913,  page  1602). 

Schedule. 

This  amendment  shall  take  effect  upon  its  ratification  by  the 
Legislature;  provided,  that  the  provisions  of  Section  1  with  respect 
to  the  appointment  of  Civil  Service  Commissioners  shall  take  effect 
on  the  dates  specified  as  follows :  The  term  of  the  successor  to  the 
Commissioner  whose  term  expires  January  8,  1913,  shall  expire 
July  1,  1915 ;  the  successor  to  the  Commissioner  whose  term  expires 
January  8,  1914,  shall  be  appointed  for  the  term  ending  July  1, 
1917,  and  the  successor  to  the  Commissioner  whose  term  expires 
January  8,  1915,  shall  be  appointed  for  the  term  ending  July  1, 
1919. — Adopted  December  10,  1912;  approved  by  the  Legislature 
March  28, 1913  (Statutes,  1913,  page  1602). 

Classified    Service. 

Sec.  2.  The  Commissioners  shall  classify,  in  accordance  with 
duties  attached  thereto,  all  places  of  employment  in  or  under  the 
offices  and  departments  of  the  City  and  County,  not  exempted 
under  Section  11  of  this  Article,  or  which  may  be  created  hereafter 
and  not  specifically  exempted  by  this  Charter.  The  Commissioners 
may  grade,  and  from  time  to  time  regrade,  the  positions  covered 
by  any  class,  in  accordance  with  salaries  and  duties,  to  the  end 
that  like  salaries  shall  be  paid  for  like  duties.  The  Commissioners 
may  from  time  to  time  provide  by  rule  for  the  manner  in  which 


196  Charter  of  the  City  and  County  of  San  Francisco. 

such  positions  shall  be  filled.  New  positions  when  created  shall  be 
classified,  graded  and  filled  in  accordance  with  these  provisions. 
Before  any  new  position  is  created,  the  authority  creating  such 
position  shall  secure  from  the  Civil  Service  Commission  the 
proper  designation  of  such  position,  and  the  title  of  such  position 
shall  correspond  with  the  classifications  adopted  in  accordance 
with  the  provisions  of  this  Section.  In  other  than  the  Bureaus  of 
Engineering  and  Architecture  no  appointee  shall  hold  a  position 
carrying  a  salary  above  the  maximum  established  for  the  grade 
for  which  he  has  qualified  except  by  securing  such  promotional 
rating  as  the  Commission  shall  direct.  Any  classification  or 
grading  may  be  amended  or  abolished  by  the  Commission,  and 
classes  calling  for  similar  qualifications  may  be  consolidated,  but 
persons  who  have  been  appointed  from  any  such  class  shall  retain 
any  position  lawfully  held  thereunder  so  long  as  such  position 
is  maintained  unless  removed  in  accordance  with  the  provisions 
of  Section  12.  The  places  of  employment  not  exempted  shall 
constitute  the  classified  civil  service  of  the  City  and  County,  and 
no  appointment  to  any  such  place  shall  be  made  except  in  accord- 
ance with  the  provisions  of  this  Article  and  the  rules  adopted 
thereunder  by  the  Civil  Service  Commission. — As  amended  Decem- 
ber 10,  1912;  approved  hy  the  Legislature  March  28,  1913  (Stat- 
utes, 1913,  page  1602). 

Rules  of  Commissioners. 

Sec.  3.  The  Commissioners  shall  make  rules  to  carry  out  the 
purposes  of  this  Article,  and  for  examinations,  appointments,  pro- 
motions and  removals,  and  in  accordance  with  its  provisions  may 
from  time  to  time  make  changes  in  the  existing  rules.  All  rules 
and  all  changes  therein  shall  be  forthwith  printed  for  distribution 
by  the  Commissioners. 

Examination  of  Applicants. 

Sec.  4.  All  applicants  for  places  in  the  classified  civil  service 
shall  be  subjected  to  examination,  which  shall  be  public,  com- 
petitive and  free.  Such  examinations  shall  be  practical  in  their 
character,  and  shall  relate  to  those  matters  only  which  will  fairly 
test  the  relative  capacity  of  the  persons  examined  to  discharge 
the  duties  of  the  positions  to  which  they  seek  to  be  appointed, 
and  shall  include,  when  appropriate,  tests  of  physical  qualifica- 
tions, health,  and  of  manual  or  professional  skill. 

Examinations. 

Sec.  5.  The  Commissioners  shall  control  all  examinations,  and 
may,  whenever  an  examination  is  to  take  place,  designate  a  suit- 
able number  of  persons,  either  in  or  not  in  the  official  service  of 
the  City  and  County  to  be  examiners ;  and  if  in  the  official  service 
it  shall  be  a  part  of  their  official  duty,  without  extra  compensation, 
to  conduct  such  examinations  as  the  Commissioners  may  direct, 
and  to  make  return  and  report  thereof  to  the  Commissioners.  The 
Commissioners  may  substitute  any  other  person,  whether  in  or 
not  in  such  service,  in  the  place  of  any  one  so  selected,  or  may 


Article  XIII,  Civil  Service.  197 

themselves  act  as  such  examiners.  Applicants  for  positions  in 
the  mechanical  trades  and  occupations  may,  in  the  discretion  of 
the  Commission,  be  rated  solely  on  experience  and  physical  quali- 
fications, which  may  be  demonstrated  by  such  evidence  and  in 
such  manner  as  the  Commission  may  direct;  and  the  applicants 
may  be  submitted  to  such  further  tests  as  the  Commission  may 
require.  Examination  of  laborers  shall  relate  only  to  physical 
qualifications  and  experience,  and  laborers  establishing  their  fit- 
ness shall  rank  upon  the  register  in  order  of  priority  of  applica- 
tion. No  question  in  any  examination  shall  relate  to  political 
or  religious  opinions  or  affiliations. — As  amended  December 
lOf  1912;  approved  by  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602). 

Notice  of  Examinations. 

Sec.  6.  Notice  of  the  time,  place  and  general  scope  of  every 
examination  shall  be  given  by  the  Commissioners  by  publication 
for  two  weeks  preceding  such  examination  in  the  official  news- 
paper, and  such  notice  shall  also  be  posted  by  the  Commissioners 
in  a  conspicuous  place  in  their  office  for  two  weeks  before  such 
examination.  Such  further  notice  of  examination  shall  be  given 
as  they  may  prescribe. 

Registers  of  Each  Class  of  Positions. 

Sec.  7.  From  the  returns  of  the  examiners,  or  from  the  exam- 
inations made  by  the  Commissioners,  the  Commissioners  shall  pre- 
pare a  register  for  each  grade  or  class  of  positions  in  the  classi- 
fied service  of  the  City  and  County  of  the  persons  whose  general 
average  standing  upon  examination  for  such  grade  or  class  is  not 
less  than  the  minimum  fixed  by  the  rules  of  the  Commissioners, 
and  who  are  otherwise  eligible.  Such  persons  shall  take  rank 
upon  the  register  as  candidates  in  the  order  of  their  relative 
excellence,  as  determined  by  examination,  without  reference  to 
priority  of  time  of  examination. 

Provision  for  tlie  Disabled. 

Section  lYo.  When  a  civil  service  employee  other  than  mem- 
bers of  the  Police  and  Fire  Departments  who  has  served  three 
years  in  his  position  has  become  incapable  through  age,  accident 
or  other  disability  of  satisfactorily  performing  the  duties  of  the 
positions  covered  by  the  class  in  which  he  has  qualified,  the  Civil 
Service  Commission  may,  in  its  discretion,  at  the  request  of  the 
appointing  power,  authorize  his  transfer  to  another  class  whose 
duties  are  within  his  capacity,  and  may,  by  a  unanimous  vote 
order  that  he  be  preferred  for  appointment  to  a  designated  posi- 
tion ;  but  such  position  shall  be  one  having  a  smaller  compensa- 
tion than  the  position  from  which  he  may  be  transferred,  and  the 
compensation  shall  not  be  increased  subsequent  to  his  appoint- 
ment thereto. — Netv  Section  added  by  amendment  December 
10,  1912;  approved  by  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602), 


198  Charter  of  the  City  and  County  of  San  Francisco. 

Promotions,    Basis   of. 

Sec.  8.  The  Commissioners  shall  provide  for  promotion  in  the 
classified  service  on  the  basis  of  ascertained  merit  and  standing 
upon  examination;  and  shall  provide,  wherever  practicable,  that 
vacancies  shall  be  filled  by  promotion.  All  examinations  for  pro- 
motions shall  be  competitive  among  snch  members  of  the  next 
lower  rank,  as  established  by  the  Commissioners,  as  desire 
to  submit  themselves  to  such  examinations.  The  Commis- 
sioners shall  submit  to  the  appointing  power  the  names  of 
not  exceeding  three  applicants  having  the  highest  rating  for 
each  promotion. — As  amended  December  10,  1912;  approved  by  the 
Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Duty  of   Heads  of  Departments — Candidates   Highest  on    Register. 

Sec.  9.  Whenever  a  position  classified  under  this  Article  is 
to  be  filled,  the  head  of  the  department  or  office  controlling  such 
position  shall  notify  the  Commission  of  that  fact,  and  the  Com- 
mission shall  then  certify  to  the  appointing  officer  the  name  and 
address  of  one  or  more  candidates  in  the  discretion  of  the  Commis- 
sion, but  not  exceeding  three,  standing  highest  upon  the  register 
for  the  class  or  grade  to  which  the  position  belongs.  In  making 
certification  for  employment  sex  shall  be  disregarded,  except 
when  some  statute,  the  rules  of  the  Commission,  or  the  appoint- 
ing power  specifies  sex.  The  Commission  shall  not  certify 
the  name  of  any  person  who  in  the  judgment  of  the  Com- 
mission is  not  of  good  moral  character,  or  who  has  secured 
a  place  upon  the  eligible  lists  by  fraud,  concealment  of 
fact,  or  by  violation  of  the  rules  of  the  Commission ;  and 
having  certified  such  person  shall  cancel  such  certification ; 
and  the  Commission  shall  remove  the  name  of  any  such  per- 
son from  all  civil  service  registers. — As  amended  December 
10,  1912;  approved  by  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602). 

Appointments    on    Probation.        Conditions    of    Discharge.        Temporary 
Appointments. 

Sec.  10.  The  appointing  officer  shall  notify  the  Commissioners 
of  each  position  to  be  filled  separately,  and  shall  fill  such  place  by 
the  appointment  of  one  of  the  persons  certified  to  him  by  the  Com- 
missioners therefor.  Such  appointment  shall  be  on  probation  for 
a  period  to  be  fixed  by  the  rules  of  the  Commissioners ;  but  such 
rules  shall  not  fix  such  period  at  exceeding  six  months.  The  Com- 
missioners may  strike  off  names  of  candidates  from  the  register 
after  they  have  remained  thereon  more  than  two  years.  At  or 
before  the  expiration  of  the  period  of  probation,  the  head  of  the 
department  or  office  in  which  a  candidate  is  employed  may,  by  and 
with  the  consent  of  the  Commissioners,  discharge  him  upon  assign- 
ing in  writing  his  reason  therefor  to  the  Commissioners.  If  he  is 
not  then  discharged  his  appointment  shall  be  deemed  complete. 
To  prevent  the  stoppage  of  public  business,  or  to  meet  extraordi- 
nary exigencies,  the  head  of  any  department  or  office  may,  with 


Article  XIII,  Civil  Service.  199 

the  approval  of  the  Commissioners,  make  temporary  appointments, 
to  remain  in  force  not  exceeding  sixty  days,  and  only  until 
regular  appointments,  under  the  provisions  of  this  Article,  can 
be  made. 

Departments  Governed  by  This  Article. 

Sec.  11.  Subdivision  A.  The  provisions  of  this  Article  shall 
apply  to  the  following  offices  and  departments  of  the  City  and 
County.  The  County  Clerk,  the  Assessor,  the  Tax  Collector,  the 
.Sheriff,  the  Auditor,  the  Recorder,  the  Treasurer,  the  Coroner, 
the  Clerks  and  Stenographers  of  the  Justices'  and  Police  Courts, 
the  Board  of  Public  Works,  the  Police  Department,  the  Fire 
Department,  the  Board  of  Election  Commissioners,  the  Board  of 
Health,  the  Department  of  Electricity,  the  Board  of  Supervisors, 
the  Civil  Service  Commission,  and  all  boards  and  departments 
controlling  public  utilities,  but  the  following  deputies,  clerks  and 
employees  in  said  offices  and  departments  shall  be  exempted  there- 
from: the  Chief  Deputy  of  the  County  Clerk;  the  Chief  Deputy 
and  the  Deputy  designated  as  the  Cashier  of  the  Assessor;  the 
Chief  Deputy  and  the  Cashier  of  the  Tax  Collector ;  four  Deputies 
of  the  Sheriff  designated  as  the  Under-Sheriff,  the  Chief  Book- 
keeper, the  Attorney,  and  the  Cashier;  the  Deputy  Auditor;  the 
Chief  Deputy  of  the  Recorder;  four  employees  of  the  Treasurer 
designated  as  the  Cashier,  the  Chief  Deputy,  one  Assistant  Deputy 
designated  as  a  Bond  Deputy,  and  one  Clerk;  the  Chief  Deputy 
and  the  Autopsy  Physician  of  the  Coroner;  the  City  Engineer; 
the  Secretary  of  the  Board  of  Public  Works ;  the  City  Architect ; 
the  Registrar  of  the  Board  of  Election  Commissioners;  the  Jus- 
tices' Clerk;  the  Chief  of  Police;  the  Chief  Engineer  and  Secre- 
tary of  the  Fire  Department;  the  Chief  of  the  Department  of 
Electricity ;  the  Clerk  of  the  Board  of  Supervisors ;  all  physicians 
appointed  by  the  Board  of  Health;  persons  appointed  by  the 
Mayor  under  the  authority  of  this  Charter;  the  Chief  Deputy 
and  the  head  of  any  Bureau  or  Department  created  by  this  Char- 
ter or  by  ordinance :  the  Chief  Examiner  and  special  examiners 
appointed  by  the  Civil  Service  Commission,  and  persons  employed 
by  the  Commission  to  exercise  the  authority  conferred  by  Sec- 
tion 14  of  this  Article ;  the  Manager  or  Superintending  head  of 
each  public  utility;  attorneys  and  physicians  employed  to  per- 
form duties  included  in  their  profession;  persons  employed  by 
the  Board  of  Supervisors  for  temporary  service  in  positions 
requiring  high  technical  skill ;  persons  employed  in  positions  hav- 
ing a  confidential  relation  to  the  head  of  the  Department  in 
which  the  employment  is  held,  but  not  more  than  one  such  position 
shall  be  established  in  any  Department;  persons  employed  on 
public  w^orks  outside  the  City  and  County.  Any  person  who  has 
served  in  any  position  in  the  office  of  the  Assessor,  the  Coroner, 
the  Recorder,  the  County  Clerk,  the  Sheriff,  the  office  of  the 
Justices'  Clerk,  the  Board  of  Supervisors  or  the  Treasurer  for  a 
period  of  one  year  continuously  prior  to  the  approval  of  this 
amendment  and  who  shall  be  actually  employed  in  any  of  said 


200  Charier  of  the  City  and  County  of  San  Francisco. 

offices  at  such  time  is  hereby  declared  to  be  appointed  within 
the  provisions  of  Article  XIII  of  this  Charter  to  the  position  to 
which  he  may  be  assigned  and  shall  be  entitled  to  all  the  benefits 
of  said  Article  thereafter. 

Preference  for  Qualified   Employees. 

Subdivision  B.  The  following  persons  securing  standing  on 
the  eligible  lists  in  examinations  shall  be  preferred  for  appoint- 
ment : 

1.  Persons  employed  in  the  operating  service  of  the  Geary 
Street,  Park  and  Ocean  Railroad  Company  on  May  5,  1912,  such 
preference  to  be  solely  for  employment  in  the  Municipal  Railroad 
service ; 

2.  Persons  employed  in  the  operating  service  of  any  public 
utility  acquired  by  the  city  who  have  been  so  employed  for  not 
less  than  one  year;  and  such  persons  so  employed  at  the  time  a 
public  utility  is  acquired  by  the  city  shall  continue  in  their  posi- 
tions. 

Appointments  Under  This  Article. 

All  officers,  courts,  boards  or  heads  of  departments  vested  in 
this  Charter  with  the  power  to  appoint  deputies,  clerks,  stenog- 
raphers or  other  employees  of  any  designation  whatsoever  shall 
make  appointments  only  in  accordance  with  the  provisions  of 
this  Article  and  the  rules  adopted  thereunder  and  any  appoint- 
ment not  so  made  shall  be  void.  —  As  amended  December 
10,  1912;  appi^oved  by  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602). 

Dismissals  for   Cause   Only — Trials   and    Suspensions. 

Sec.  12.  No  person  employed  in  the  classified  civil  service 
shall  be  removed  or  discharged  except  for  cause,  upon  written 
charges,  and  after  an  opportunity  to  be  heard  in  his  own  defense. 
Pending  the  hearing  of  such  charges,  the  appointing  officer  or 
department  may  suspend  the  person  so  accused,  but  such  suspen- 
sion shall  not  be  valid  for  more  than  thirty  days  upon  any  charge 
unless  the  hearing  thereon  shall  be  delayed  beyond  such  time  by 
the  act  of  the  person  so  accused.  When  such  charges  are  filed 
with  the  appointing  officer  or  officers  of  the  department  in  which 
the  employee  serves,  such  officers  shall  publicly  hear  and  deter- 
mine such  charges.  The  finding  of  such  officers  shall  be  final 
unless,  within  a  period  of  thirty  days  therefrom,  the  employee 
so  tried  appeals  to  the  Civil  Service  Commission  against  such 
finding.  The  appeal  must  be  in  writing,  and  must  briefly  state 
the  reasons  upon  which  it  is  based.  The  Commission  may  confirm 
the  finding,  or  may  require  the  officers  to  present  in  writing  the 
grounds  for  discharge  or  dismissal,  and  may  require  the  submis- 
sion of  additional  evidence ;  and  may  thereupon  make  such  order 
as  it  deems  just.  The  order  or  decision  of  the  Civil  Service  Com- 
mission upon  such  appeal  shall  be  final,  and  shall  forthwith  be 
enforced  by  the  appointing  officers.     If  the  Civil  Service  Com- 


Article  XIII,  Civil  Service.  201 

mission  shall  reverse  or  alter  the  finding  of  the  appointing  officer, 
it  may,  in  its  discretion,  order  that  the  employee  affected  shall 
be  paid  his  salary  from  the  time  of  his  discharge  or  suspension. 
The  Civil  Service  Commission  may  hear  and  determine  charges 
filed  by  any  citizen,  or  by  the  authorized  agents  of  the  Commis- 
sion acting  under  the  power  conferred  by  Section  14  of  this 
article,  when  the  appointing  power  neglects  or  refuses  to  act. 
The  appointing  officer  or  officers  of  a  department  may,  for  dis- 
ciplinary or  penal  purposes,  suspend  a  subordinate  for  a  period 
not  exceeding  thirty  days,  and  such  suspension  shall  carry 
with  it  the  loss  of  salary  for  the  period  of  suspension.  Removal 
or  discharge  for  cause  may  be  upon  any  of  the  following 
grounds :  Incompetence ;  habitual  intemperance ;  immoral  con- 
duct; insubordination;  discourteous  treatment  of  the  public; 
inattention  to  duties.  The  provisions  of  this  Section  shall 
not  apply  to  persons  employed  in  the  operating  department 
of  any  public  utility. — As  amended  December  10,  1912;  approved 
by  the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

Notice  of  Appointments,  Promotions  op  Changes. 

Sec.  13.  Immediate  notice  in  writing  shall  be  given  by  the 
appointing  power  to  the  Commissioners  of  all  appointments,  per- 
manent or  temporary,  made  in  such  classified  civil  service,  and 
of  all  transfers,  promotions,  resignations,  suspensions  or  vacancies 
from  any  cause  in  such  service,  and  of  the  date  thereof;  and  a 
record  of  the  same  shall  be  kept  by  the  Commissioners.  When  any 
place  of  employment  is  created  or  abolished,  or  the  compensation 
attached  thereto  altered,  the  officer  or  board  making  such  change 
shall  immediately  report  in  writing  to  the  Commissioners. 

Duties  of  Commissioners. 

Sec.  14.  The  Commissioners  shall  investigate  the  enforcement 
of  the  provisions  of  this  Article,  and  of  its  rules,  and  the  action 
of  the  examiners  herein  provided  for,  and  the  conduct  and  action 
of  the  appointees  in  the  classified  service  in  the  City  and  County 
and  may  inquire  as  to  the  nature,  tenure  and  compensation  of  all 
places  in  the  public  service  thereof. 

Annual   Report  of  Commissioners. 

Sec.  15.  The  Commissioners  shall,  on  or  before  the  fifteenth 
day  of  January  in  each  year,  make  to  the  Supervisors  a  report 
showing  their  acts,  the  rules  in  force,  the  practical  effects  thereof, 
and  suggestions  for  the  more  effectual  accomplishment  of  the  pur- 
poses of  this  Article.  The  Mayor  may  require  a  report  from  the 
Commissioners  at  any  time. 

Chief  Examiner.       Secretary.       Duties.       Salary. 

Sec.  16.  The  Commissioners  shall  employ  a  Chief  Examiner 
who  shall,  under  their  direction,  superintend  any  examination 
held  in  the  City  and  County  under  this  article,  and  who  shall  per- 
form such  other  duties  as  the  Commissioners  may  prescribe.  The 
Chief  Examiner  shall  be  Secretary  of  the  Commission  by  virtue 


202  Charter  of  the  City  and  County  of  San  Francisco. 

of  his  office.  He  shall  keep  minutes  of  its  proceedings,  preserve 
all  reports  made  to  it,  and  keep  a  record  of  all  examinations  held 
under  its  direction.  He  shall  receive  an  annual  salary  of  twenty- 
four  hundred  dollars. 

Supplies  and  Employees. 

Sec.  17.  The  Supervisors  shall  furnish  the  Commission  with 
suitable  offices,  office  furniture,  books,  stationery,  blanks,  heat  and 
light,  and  shall  provide  for  the  payment  of  such  other  expenses  as 
may  be  necessarily  incurred  in  carrying  out  the  provisions  of  this 
Article.  The  compensation  of  special  examiners  employed  under 
Section  5  and  of  the  investigators  employed  to  perform  the  duties 
set  forth  in  Section  14  shall  be  fixed  by  the  Commission.  The 
Commission  may  employ  such  permanent  assistants  as  may  be 
necessary,  at  such  salaries  as  the  Supervisors  may  fix  upon  the 
recommendation  of  the  Commission.  The  compensation  and  sal- 
aries herein  provided  for  shall  be  paid  out  of  the  appropriations 
specified  in  Section  1. — As  amended  December  10,  1912;  approved 
by  the  Legislature  March  28,  1913  (Statutes,  1913,  page  1602). 

No  Aid,  Hindrance,  Fraud  or  Collusion  Permitted. 

Sec.  18.  No  p.erson  or  officer  shall  by  himself,  or  in  co-opera- 
tion with  other  persons,  defeat,  deceive  or  obstruct  any  person 
in  respect  to  his  or  her  right  of  examination;  or  falsely  mark, 
grade,  estimate  or  report  upon  the  examination  or  proper  stand- 
ing of  any  person  examined  hereunder,  or  aid  in  so  doing ;  or 
make  any  false  representations  concerning  the  same,  or  concern- 
ing the  person  examined;  or  furnish  to  any  person  any  special 
or  secret  information  for  the  purpose  of  either  improving  or 
injuring  the  prospects  or  chances  of  any  person  of  being  ap- 
pointed, employed  or  promoted. 

Verification  of  Pay  Rolls. 

Sec.  19.  The  pay  rolls  or  demands  for  salaries,  wages  or  com- 
pensation of  all  deputies,  assistants,  clerks  and  employees  of  every 
class  or  description,  without  regard  to  the  name  or  title  by  which 
they  are  known,  for  each  department,  board,  office  or  bureau  sub- 
ject to  the  provisions  of  this  Article,  shall  be  transmitted  to  the 
Civil  Service  Commission  before  presentation  to  the  Auditor.  The 
Commission  shall  examine  said  pay  rolls  or  demands  and  shall 
approve  the  demands  of  all  persons  appointed  or  employed  in 
accordance  with  the  provisions  of  this  Article.  The  pay  rolls  or 
demands  thus  approved,  with  notation  of  any  item  thereof  dis- 
approved, shall  be  then  certified  by  the  Commission  and  trans- 
mitted by  it  to  the  Auditor.  The  Auditor  shall  not  approve  and 
the  Treasurer  shall  not  pay  any  demand  or  warrant  for  salary, 
wages  or  compensation  unless  said  demand  shall  have  been 
approved  by  the  Civil  Service  Commission. — As  amended  December 
10,  1912;  approved  by  the  Legislature  March  28,  1913  (Statutes, 
1913,  page  1602). 


Article  XIII,  Civil  Service.  203 

Penalty  for  Violation. 

Sec.  20.  The  Commissioners  shall  have  power  to  institute  and 
prosecute  legal  proceedings  for  violations  of  any  of  the  provisions 
of  this  Article. 

Standing  of  Eligibles  Mustered  Into  Army  or  Navy. 

Sec.  21.  Persons  who  have  been  mustered  into  the  Army  or 
Navy  of  the  United  States  since  April  6,  1917,  after  having 
acquired  standing  on  a  register  of  candidates  in  accordance  with 
the  provisions  of  this  article  shall  be  granted  a  leave  of  absence 
in  accordance  with  the  following  provisions: 

1.  If  such  person  has  been  appointed  to  a  permanent  position 
he  shall  be  entitled  to  resume  such  position  upon  the  expiration 
of  his  leave.  This  provision  includes  appointments  on  probation. 
If  any  rights  accrue  to  an  appointee  by  reason  of  seniority,  the 
term  of  service  in  the  Army  and  Navy  shall  be  reckoned  a  part 
of  his  service  under  the  City  and  County. 

2.  Candidates  not  under  appointment  shall  retain  their  places 
upon  the  register  of  eligibles  and  upon  presenting  an  honorable 
discharge  from  the  Army  or  Navy  shall  be  preferred  for  appoint- 
ment, in  the  order  of  standing  upon  such  register  at  the  time  of 
enlistment,  before  candidates  securing  standing  through  examina- 
tion held  subsequent  to  the  enlistment  of  such  candidate. 

Leave  of  absence  granted  hereunder  shall  be  for  the  terms  of 
service  in  the  Army  or  Na\T,  and  for  such  time  thereafter  as 
may  be  provided  by  the  rules  of  the  Civil  Service  Commission; 
but  all  such  leave  of  absence  shall  expire  two  years  after  the 
proclamation  of  the  President  of  peace  between  the  United  States 
and  the  German  Empire.  Leave  of  absence  granted  under  this 
section  may  be  cancelled  by  the  Civil  Service  Commission  on  filing 
of  certificate  of  honorable  discharge  from  the  Army  or  Navy 
of  the  United  States. — Xew  section  added  by  amendment  November 
5,  1918;  approved  by  the  Legislature  January  17,  1919  (Statutes, 
1919). 


204  Charter  of  the  City  and  County  of  San  Francisco. 

ARTICLE  XIV. 
PARK  COMMISSIONERS. 

Jurisdiction  of 

Section  1.  The  lands  designated  upon  the  map  of  the  outside 
lands  of  the  City  and  County,  made  pursuant  to  order  No.  800,  by 
the  word  "park,"  extending  from  Stanyan  Street  to  the  Pacific 
Ocean,  and  known  as  Golden  Gate  Park ;  also  the  land  fronting  on 
Haight  Street,  designated  on  said  map  by  the  word  "park,"  and 
known  as  Buena  Vista  Park ;  also  the  lands  designated  on  said  map 
by  the  word  "avenue,"  extending  from  Baker  Street  westward 
until  it  crosses  Stanyan  Street;  also  that  certain  highway  bounded 
on  the  west  by  the  Pacific  Ocean,  and  designated  upon  said  map  as 
"great  highway;"  also  Mountain  Lake  Park;  also  Seal  Rocks,  as 
ceded  to  the  City  and  County  of  San  Francisco  by  Act  of  Congress ; 
and  all  the  other  parks  and  squares  in  the  City  and  County,  and  all 
the  grounds  surrounding  public  buildings  in  the  City  and  County, 
and  all  parks  and  squares  and  public  pleasure  grounds  hereafter 
acquired  by  the  City  and  County,  shall  be  under  the  exclusive 
management  of  a  Board  of  Commissioners  who  shall  be  known  and 
designated  as  Park  Commissioners,  except  that  children's  play- 
grounds and  recreation  centers  outside  of  Golden  Gate  Park,  shall, 
to  the  extent  of  their  use  as  such  playgrounds  and  recreation  cen- 
ters, be  under  the  exclusive  management  and  control  of  the  Play- 
ground Commissioners;  provided,  that  the  Panama-Pacific  Inter- 
national Exposition  Company  (a  corporation  organized  under  the 
laws  of  the  State  of  California,  March  22nd,  1910)  is  authorized  to 
assume  and  take  over  the  management  and  control,  and  to  have  the 
exclusive  possession  and  use,  of  that  portion  of  Golden  Gate  Park 
westerly  from  Twentieth  Avenue,  as  extended,  for  the  purposes  of 
an  exposition  to  celebrate  the  completion  of- the  Panama  Canal,  such 
management  and  control,  and  possession  and  use,  to  terminate  not 
later  than  one  year  after  the  closing  of  such  exposition. — As 
amended  November  15,  1910;  approved  hy  the  Legislature  Febru- 
ary 17, 1911  (Statutes,    1911,  page  1661). 

Successors  In  Office. 

Sec.  2.  The  Commissioners  shall  be  successors  in  office  of  the 
Park  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  of  this  State. 

Five  Commissioners.       Appointed  by  Mayor.       Term. 

Sec.  3.  The  Commissioners  shall  be  five  in  number,  one  of  whom 
must  be  an  artist.  They  shall  be  appointed  by  the  Mayor  for  a  term 
of  four  years,  and  shall  receive  no  compensation  for  their  services. 
They  shall  so  classify  themselves  by  lot  that  one  of  them  shall  go 
out  of  office  at  the  end  of  one  year,  one  at  the  end  of  two  years,  one 
at  the  end  of  three  years,  and  two  at  the  end  of  four  years. 


Article  XIV,^Park  Commissioners.  205 

Commissioners.    Organization.    President.    Secretary.     Duties.    Contracts. 

Sec.  4.  The  Commissioners  shall  organize  by  electing  one  of  their 
number  President,  and  they  may  elect  a  Secretary  who  is  not  a 
member  of  the  Board.  The  Board  shall  establish  rules  and  regula- 
tions for  its  government  and  for  the  performance  of  its  duties,  and 
for  the  conduct  of  its  officers  and  employees,  and  shall  require  ade- 
quate bonds  from  all  of  them,  except  laborers,  for  the  faithful  per- 
formance of  their  duties  in  such  sums  as  may  be  fixed  by  it.  Such 
bonds  shall  be  approved  by  the  Mayor  and  filed  in  the  office  of  the 
Auditor.  The  person  elected  President  shall  hold  his  office  for  one 
year,  or  until  his  successor  is  elected.  The  Board  must  hold  regular 
meetings  at  least  once  in  two  weeks,  and  as  many  special  meetings 
as  it  may  deem  proper. 

Three  of  the  Commissioners  shall  constitute  a  quorum  for  the 
transaction  of  business.  No  contract  shall  be  entered  into  author- 
izing the  expenditure  of  money  without  the  approval  of  four  of  the 
Commissioners.  Every  contract  exceeding  five  hundred  dollars  in 
amount  shall  be  open  to  public  competition,  unless  the  Board  shall 
determine  in  any  given  case  to  have  the  w^ork  done  by  day's  labor. 
All  the  provisions  of  the  Article  in  this  Charter  on  the  Department 
of  Public  Works  relating  to  contracts  shall  be  applicable  to  all  con- 
tract work  ordered  by  the  Commissioners. 

Park  Ordinances. 

Sec.  5.  The  Commissioners  may  adopt  ordinances  for  the  regu- 
lation, use  and  government  of  the  aforesaid  parks,  squares,  avenues 
and  grounds  not  inconsistent  with  the  laws  of  the  State  of  Cali- 
fornia or  with  this  Charter.  Such  ordinances  shall,  wdthin  five  days 
after  their  passage,  be  published  for  ten  days,  Sundays  excepted,  in 
the  official  newspaper.  Any  person  violating  any  of  such  ordinances 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
therefor,  on  conviction,  in  any  court  of  competent  jurisdiction. 
None  of  such  ordinances  shall  be  valid  unless  it  receives  the  vote  of 
four  members  of  the  Board,  No  ordinance  shall  be  passed  at  the 
same  meeting  at  which  it  is  introduced,  or  at  any  other  than  a  reg- 
ular meeting.  Such  ordinances  shall  take  effect  in  not  less  than  ten 
days  after  their  adoption. 

Commissioners   to    Have    Full    Control    of   Parks   and   Squares. 

Sec.  6.  The  Commissioners  shall  have  the  complete  and  exclu- 
sive control,  management  and  direction  of  the  aforesaid  parks, 
squares,  avenues,  and  grounds,  and  the  exclusive  right  to  erect,  and 
to  superintend  the  erection  of  buildings  and  structures  thereon ;  and 
to  that  end  may  employ  and  appoint  superintendents,  laborers,  sur- 
veyors, engineers,  and  other  officers  and  assistants,  and  prescribe 
and  fix  their  duties,  authority  and  compensation.  They  shall  have 
the  exclusive  management  and  disbursement  of  all  funds  legally 
appropriated  or  received  from  any  source  for  the  support  of  said 
parks,  squares,  avenues  and  grounds. 


206  Charter  of  the  City  and  County  of  San  Francisco. 

The  Board  may  accept  from  donors  suitable  articles  for  the 
Museum  and  Art  Gallery  situate  in  the  aforesaid  Golden  Gate  Park, 
and  shall  manage  and  control  said  Museum  and  Art  Gallery. 

Except  as  provided  in  Section  9  of  this  Article,  nothing  in  this 
Section  shall  be  so  construed  as  to  authorize  the  Commissioners  to 
lease  any  part  of  any  of  said  parks,  squares,  avenues  and  grounds  to 
any  person,  company  or  corporation  for  any  purpose ;  or  to  permit 
any  person,  company  or  corporation  to  build  or  maintain  any  struc- 
ture on  any  part  of  said  parks,  squares,  avenues  or  grounds ;  but  this 
shall  not  inhibit  the  Board  from  leasing,  for  a  period  not  greater 
than  one  year,  such  buildings  as  may  be  constructed  by  itself  for  the 
use  of  the  public  to  such  person,  company  or  corporation  who  shall 
undertake  to  serve  such  use ;  and  in  every  such  lease  the  Board  shall 
reserve  the  right  to  enter  at  all  times  into  and  upon  the  premises  so 
leased,  and  shall  make  the  condition  that  the  buildings  so  leased 
shall  be  used  for  park  pleasure  purposes  only.  No  such  building 
shall  be  constructed  by  the  Board  except  it  be  within  the  objects 
and  purposes  for  which  said  parks,  squares,  avenues  and  grounds 
were  dedicated  to  the  public. 

Nothing,  however,  in  this  Section  contained  shall  inhibit  the 
Board  from  permitting  the  use  of  a  limited  portion  of  any  one  of  the 
aforesaid  parks  or  squares  for  the  purpose  of  conducting  thereon  a 
Fair  or  Exposition,  under  such  conditions  and  restrictions  as  may 
be  necessary  to  conserve  the  integrity  of  said  parks  and  squares,  and 
for  a  period  not  greater  than  six  months,  and  so  as  not  to  interfere 
with  the  use  of  any  of  the  same  by  the  public  for  park-pleasure 
purposes ;  but  no  such  permission  shall  ever  be  granted  except  such 
Fair  or  Exposition  be  of  National,  State  or  Municipal  importance. 
None  of  the  moneys  in,  or  appropriated  to,  the  Park  Fund  shall  be 
used  for  the  purposes  of  any  such  Fair  or  Exposition. 

Fire   Alarm   Station   in   Jefferson   Square. 

Section  6a.  The  Board  of  Supervisors  shall  have  power  and 
authority  to  select  and  set  aside  by  ordinance,  in  that  certain  square 
or  park  known  as  Jefferson  Square,  bounded  on  the  north  by  Eddy 
Street,  on  the  south  by  Golden  Gate  Avenue,  on  the  east  by  Gough 
Street,  and  on  the  west  by  Laguna  Street,  a  suitable  and  convenient 
site  upon  which  may  be  erected  by  competent  authority  a  central 
station  for  the  fire  alarm  and  police  telegraph  and  telephone  sys- 
tems, said  station  when  erected  to  be  under  the  control  and  man- 
agement of  the  joint  commission  of  the  Department  of  Electricity, 
and  said  joint  commission  shall  have  power  and  authority,  when 
said  station  is  erected,  to  maintain  across  said  square  or  park  the 
necessary  conduits,  wires  and  lines  leading  to  said  station. — Neiv 
Section  added  hy  amendment  December  10,  1912;  approved  by  the 
Legislahire  March  28,  1913  (Statutes,  1913,  page  1602). 

Park   Police. 

Sec.  7.  The  Chief  of  Police  shall,  on  the  request  of  the  Commis- 
sioners, detail  such  members  of  the  Police  Force  of  the  City  and 


Article  XIV, -Park  Commissioners.  207 

County  for  service  in  said  parks,  squares,  avenues  and  grounds  as 
may  be  necessary  for  the  enforcement  of  the  law  and  for  the  proper 
observance  of  the  ordinances  of  the  Commissioners;  and  the  Com- 
missioners may  provide  a  place  of  detention  within  either  of  said 
public  places,  in  which  the  persons  arrested  for  violating  any  of  the 
ordinances  of  the  Board  may  be  detained  temporarily. 

Donations,  Legacies  and   Bequests. 

Sec.  8.  Tlie  Board  may  receive  donations  from  persons  and  cor- 
porations and  legacies  and  bequests  for  the  improvement  of  said 
I)arks,  squares,  avenues,  and  grounds.  All  moneys  that  may  be 
derived  from  such  donations,  legacies  and  bequests  shall,  unless 
otherwise  provided  by  the  terms  of  such  gift,  legacy  or  bequest,  be 
deposited  in  the  treasury  of  the  City  and  County  to  the  credit  of 
the  Park  Fund.  The  same  may  be  withdrawn  therefrom  and  paid 
out  in  the  same  manner  as  is  provided  for  the  payment  of  moneys 
legally  appropriated  for  the  support  and  improvement  of  such 
]iarks,  squares,  avenues  and  grounds.  If  the  moneys  derived  from 
such  gifts,  bequests  or  legacies  shall  at  any  time  exceed  in  amount 
the  sum  necessary  for  immediate  expenditures  on  said  parks, 
squares,  avenues  and  grounds,  the  Board  shall  invest  all  or  a  part 
of  the  same  in  interest-bearing  bonds  of  the  United  States,  or  of  the 
State  of  California,  or  of  any  municipality  thereof. 

State   Exposition    Building. 

Sec.  9.  The  Board  may  lease  to  the  State  of  California,  on  such 
terms  as  it  may  deem  proper,  a  plot  of  ground  in  Golden  Gate  Park, 
not  more  than  seven  hundred  feet  square,  on  which  said  State  may 
erect  and  maintain  an  exposition  building,  in  which  may  be  exhib- 
ited the  products  of  the  several  counties  of  the  State,  and  in  which 
the  collection  made  by  the  State  Mining  Bureau  may  be  maintained 
and  exhibited:  but  said  lease  shall  be  upon  the  express  condition 
that  ho  fee  shall  ever  be  charged  for  admission  to  said  building. 

Works  of  Art  Must  Be  Approved  by  Commissioners.  Commissioners 
to  Pass  Upon  Public  Structures.  Monuments. 
Sec.  10.  Hereafter  no  work  of  art  shall  become  the  property  of 
the  City  and  County  by  purchase,  gift  or  otherwise,  unless  such 
work  of  art  or  design  of  the  same,  together  with  a  statement  of  the 
proposed  location  of  such  work  of  art,  shall  first  have  been  sub- 
mitted to  and  approved  by  the  Commissioners ;  nor  shall  such  work 
of  art,  until  so  approved,  be  erected  or  placed  in  or  upon  or  allowed 
to  extend  over  or  upon,  any  street,  avenue,  square,  park,  municipal 
building  or  other  public  place  belonging  to  the  City  and  County. 
The  Board  may  require  a  complete  model  of  the  proposed  work  of 
art  to  be  submitted.  The  term  "work  of  art"  as  used  in  this  Sec- 
tion shall  apply  to  and  include  all  paintings,  mural  decorations, 
stained  glass,  statues,  bas-reliefs  or  other  sculptures,  monuments, 
fountains,  arches  or  other  structures  of  a  permanent  character, 
intended  for  ornament  or  commemoration.    No  existing  work  of  art 


208  Charter  of  the  City  and  County  of  San  Francisco. 

in  the  possession  of  the  City  and  County  shall  be  removed,  relocated 
or  altered  in  any  way  without  the  similar  approval  of  the  Board. 
When  so  requested  by  the  Mayor,  or  the  Supervisors,  or  the  Board 
of  Public  Works,  or  the  Board  of  Education,  the  Board  of  Park 
Commissioners  shall  act  in  a  similar  capacity,  with  similar 
powers,  in  respect  of  the  designs  of  municipal  buildings,  bridges, 
approaches,  gates,  fences,  lamps  or  other  structures  erected  or  to 
be  erected  upon  land  belonging  to  the  City  and  County,  and  in 
respect  of  the  lines,  grades  and  plotting  of  public  ways  and 
grounds,  and  in  respect  of  arches,  bridges,  structures  and 
approaches  which  are  the  property  of  any  corporation  or  private 
individual,  and  which  shall  extend  over  or  upon  any  street,  avenue, 
highway,  park  or  public  place  belonging  to  the  City  and  County. 
This  Section  shall  not  be  so  construed  as  to  impair  the  powers 
of  the  Park  Commissioners  to  refuse  their  consent  to  the  erection 
or  acceptance  of  public  monuments  or  memorials  or  other  works 
of  art  of  any  sort  within  any  park,  square  or  public  place  in  the 
City    and    County. 

Tax  for  Park  Purposes.       Limits. 

Sec  11.  The  Supervisors .  shall  provide  all  necessary  money  for 
the  maintenance,  preservation  and  improvement  of  said  parks, 
squares,  avenues  and  grounds,  and  to  that  end  shall  annually  levy 
a  tax  on  all  property  in  the  City  and  County  not  exempt  from 
taxation,  which  shall  not  be  less  than  five  cents  nor  more  than 
seven  cents  upon  each  one  hundred  dollars  assessed  valuation  of 
said  property. 

IViuseum   Building  in  Golden  Gate  Park. 

Sec.  12.  The  California  Academy  of  Sciences,  an  institution 
for  the  advancement  of  science  and  maintenance  of  a  free  museum, 
duly  incorporated  under  the  laws  of  the  State  of  California,  is 
hereby  granted  permission  to  erect  and  maintain  in  Golden  Gate 
Park  a  museum  building,  consisting  of  one  or  more  structures,  as 
it  may  find  necessary  for  the  purposes  contemplated,  which  said 
building  is  to  become  the  property  of  the  City  and  County  of 
San  Francisco,  but  to  be  used  exclusively  thereafter  by  the  said 
California  Academy  of  Sciences,  under  such  proper  rules  and 
regulations  as  it  may  prescribe,  as  a  free  museum,  open  to  the 
public,  and  for  admission  to  which  no  admission  fee  shall  ever  be 
charged.  The  plans  for  the  proposed  museum  building  and  any 
addition  thereto  must  be  approved  by  the  Board  of  Park  Commis- 
sioners, and  said  Board  of  Park  Commissioners  is  hereby  author- 
ized and  directed  to  set  apart  such  portion  of  Golden  Gate  Park, 
convenient  to  public  access  and  satisfactory  to  said  California 
Academy  of  Sciences,  as  may  be  necessary  for  said  building,  suf- 
ficient grounds  being  allotted  to  secure  the  safety  of  the  same 
from  fire. — New  Section  added  by  amendment  November  15,  1910; 
approved  by  the  Legislature  February  17,  1911  (Statutes,  1911, 
page  1661). 


Article  XIV,  Park  Commissioners.  209 

Temporary  Use  of  Lobos  Square  for  Exposition. 

Sec.  13.  Notwithstanding  anything  in  this  Article  contained, 
the  Board  of  Park  Commissioners  are  hereby  authorized  and 
directed  to  transfer  to  the  Panama-Pacific  International  Exposition 
Company  (a  corporation  organized  under  the  laws  of  the  State 
of  California  March  22,  1910),  the  exclusive  possession,  use,  man- 
agement and  control  of  Lobos  Square,  such  management,  control, 
possession  and  use  to  be  for  the  purposes  of  the  Panama-Pacific 
International  Exposition  and  to  terminate  not  later  than  one  year 
after  the  closing  of  such  exposition. — New  section  added  by  amend- 
ment December  10 y  1912;  approved  hy  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 


210  Charter  of  the  City  and  County  of  Sa7i  Francisco. 

AETICLE    XIV-A. 

PLAYGROUND    COMMISSIONERS. 
Children's    Playgrounds,    Management   of. 

Section  1.  All  children's  playgrounds  now  owned  by  the  City 
and  County,  and  all  children's  playgrounds  that  shall  hereafter 
be  acquired  by  the  City  and  County,  and  all  public  recreation 
centers,  other  than  those  located  in  Golden  Gate  Park  shall  be 
under  the  management  and  control  of  a  Board  of  Commissioners, 
which  shall  consist  of  men  and  women,  and  shall  be  known  and  des- 
ignated as  the  Playground  Commissioners.  No  person  shall  be 
appointed  such  Commissioner  who  shall  not  be  at  the  time  of 
his  or  her  appointment  a  resident  of  the  City  and  County,  and 
who  shall  not  have  been  such  at  least  five  years  prior  thereto. 

Commissioners. 

Sec.  2.  The  Commissioners  shall  be  seven  in  number,  five  of 
whom  shall  be  appointed  by  the  Mayor  for  the  term  of  four  years. 
Three  of  the  members  appointed  by  the  Mayor  shall  be  men  and 
two  of  them  shall  be  women.  The  President  of  the  Board  of  Educa- 
tion shall  be  ex-officio  the  sixth  member  of  the  Commission,  and 
either  the  President  of  the  Park  Commissioners  or  the  Superin- 
tendent of  Golden  Gate  Park,  as  the  Park  Commissioners  in  writ- 
ing may  appoint,  shall  be  ex-officio  the  seventh  member.  The  Park 
Commissioners  may  at  any  time,  by  resolution  served  upon  the 
Playground  Commissioners,  change  their  ex-officio  member  of  said 
Commission,  provided  that  such  ex-officio  member  be  always  either 
their  President  or  said  Superintendent.  None  of  said  Commission- 
ers shall  receive  any  compensation  for  his  or  her  services. 

Organization.        Rules. 

Sec.  3.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  who  shall  hold  office  for  one  year  or 
until  his  or  her  successor  is  elected,  and  they  may  elect  a  Secre- 
tary who  is  not  a  member  of  the  Board. 

A  majority  of  the  members  shall  constitute  a  quorum  for  the 
transaction  of  business.  The  Board  shall  hold  regular  meetings 
at  least  once  in  two  weeks,  and  as  many  special  meetings  as  it 
may  deem  proper. 

The  Board  shall  establish  rules  and  regulations  for  its  govern- 
ment and  for  the  performance  of  its  duties,  and  for  the  conduct 
of  its  officers  and  employees,  and  shall  require  adequate  bonds  from 
all  its  officers  and  employees,  except  laborers,  for  the  faithful  per- 
formance of  their  duties^  and  in  such  sums  as  may  be  fixed  by  it, 
such  bonds  shall  be  approved  by  the  Mayor  and  filed  in  the  office 
of  the  Auditor. 

Rules  and   Regulations. 

Sec.  4.  The  Commissioners  shall  adopt  rules  and  regulations 
for  the  government  of  the  aforesaid  playgrounds  not  inconsistent 
with  the  ordinances  of  the  City  and  County  of  San  Francisco,  the 
laws  of  the  State  of  California  or  with  this  Charter. 


Article  XIV -A,  Playground  Commissioners.  211 

Powers   of  Commissioners. 

Sec.  5.  The  Commissioners  shall  have  complete  and  exclusive 
control,  management  and  direction  of  the  aforesaid  playgrounds 
and  recreation  centers,  and  the  exclusive  right  to  erect  and  to  super- 
intend the  erection  of  buildings  and  structures  thereon,  and  to 
that  end  they  may  employ  superintendents,  surveyors,  engineers, 
laborers  and  other  employees  and  assistants  and  prescribe  and  fix 
their  duties,  authority  and  compensation.  They  shall  have  the 
exclusive  management  and  disbursement  of  all  funds  legally  appro- 
priated or  received  from  any  source  for  the  support  and  equipment 
of  the  aforesaid  playgrounds  and  recreation  centers,  provided,  that 
such  management  of  any  real  or  personal  property  or  moneys 
acquired  by  loan,  gift,  devise  or  bequest,  is  not  inconsistent  with 
the  terms  and  conditions  of  the  loan,  gift,  devise,  or  bequest.  The 
Commissioners  may  purchase  in  the  name  of  the  City  and  County 
of  San  Francisco  lands  to  be  used  as  children's  playgrounds  and 
recreation  centers,  with  any  moneys  legally  appropriated  for  such 
purpose  or  acquired  by  gift,  legacy  or  bequest  for  such  purpose. 

May  Receive  Donations. 

Sec.  6.  The  Board  may  receive  donations  from  persons  and 
corporations,  Tind  legacies  and  bequests  for  the  purchase,  improve- 
ment and  equipment  of  playgrounds  and  recreation  centers.  All 
moneys  that  may  be  derived  from  such  donations,  legacies  and 
bequests  shall,  unless  otherwise  provided  by  the  terms  of  such 
gift,  donation,  legacy  or  bequest,  be  deposited  in  the  treasury  of 
the  City  and  County  to  the  account  of  the  Playground  Fund 
of  the  General  Fund.  The  same  may  be  withdrawn  therefrom 
and  paid  out  in  the  same  manner  as  is  provided  for  the  pay- 
ment of  moneys  legally  appropriated  for  the  support  and  improve- 
ment of  such  playgrounds  and  recreation  centers.  If  such  moneys 
shall  at  any  time  exceed  in  amount  the  sum  necessary  for  imme- 
diate expenditure  on  said  playgrounds  or  recreation  centers  the 
Board  may  invest  all  or  part  of  the  same  in  interest-bearing  bonds 
of  the  United  States,  of  the  State  of  California  or  of  any  munici- 
pality therein. 

Police  Detail. 

Sec.  7.  The  Chief  of  Police  shall  on  request  of  the  Commis- 
sioners detail  such  members  of  the  Police  Force  of  the  City  and 
County  for  service  in  said  playgrounds  and  recreation  centers  as 
may  be  necessary  for  the  enforcement  of  the  law  and  the  city 
ordinances  and  the  proper  observance  of  the  rules  and  regula- 
tions of  the  Commissioners. 

Supervisors   May  Set  Aside   Other   Lands. 

Sec.  8.  The  Supervisors  shall  have  the  power  to  set  apart  either 
absolutely  or  for  a  definite  period  of  time,  any  land  not  improved 
with  any  public  buildings  belonging  to  the  City  and  County  other 
than  land  under  the  exclusive  control  and  management  of  the  Park 
Commissioners,  and  land  acquired  by  the  issue  of  bonds  for  other 


212  Charter  of  the  City  and  County  of  San  Francisco. 

specific  purpose,  for  use  as  children's  playgrounds  and  recreation 
centers,  and  the  same  shall,  when  so  set  apart  for  such  use,  be  under 
the  exclusive  control  and  management  of  the  Playground  Com- 
missioners. 

Park    Commissioners    May    Set    Apart    Other    Parks. 

Sec.  9.  The  Park  Commissioners  shall  have  power  to  set  apart 
either  absolutely  or  for  a  definite  period  of  time  such  parks  and 
squares  or  portions  thereof  as  they  may  see  proper,  other  than 
Golden  Gate  Park  and  the  Mission  Park,  for  use  as  children's 
playgrounds  and  recreation  centers,  and  the  same  shall,  when  so  set 
apart  for  such  use,  be,  to  the  extent  of  that  use,  under  the  exclusive 
control  and  management  of  the  Playground  Commissioners. 

Appropriation    for    Support. 

Sec.  10.  The  Supervisors  shall,  for  the  purchase,  development, 
equipment  and  maintenance  of  the  aforesaid  playgrounds  and 
recreation  centers,  annually  appropriate  to  the  Playground  Com- 
missioners at  the  time  of  making  the  Budget  such  amount  as  may 
in  their  judgment  be  necessary  or  proper,  and  the  funds  so  appro- 
priated shall  be  credited  to  the  Playground  Fund  of  the  General 
Fund,  and  the  Playground  Commissioners  shall  have  the  exclusive 
management  and  disbursement  of  the  same. 

The  Secretary  shall  keep  a  full  account  of  all  property,  money, 
receipts  and  expenditures  and  a  record  of  all  proceedings  of  the 
Commissioners.  The  votes  of  all  its  members  shall  be  recorded  in 
the  minutes  with  the  ayes  and  noes. 

Article  XIV- A  added  as  an  amendment  November  5,  1907; 
approved  hy  the  Legislature  November  22,  1907  (Statutes  Special 
Session,  1907,  page  56). 


Article  XV,  Bonds  of  Officials.  213 

AETICLE  XV. 

BONDS    OF    OFFICIALS. 

Officers   to   Give    Bonds.       Approval    by   Mayor  and   Auditor. 

Section  1.  Officers  of  the  City  and  County,  before  entering  upon 
the  discharge  of  their  official  duties,  shall  respectively  give 
and  execute  to  the  City  and  County  such  official  bonds  as  may 
be  required  by  law,  ordinance,  or  this  Charter.  When  the  amount 
of  any  bond  is  not  fixed  by  law  or  by  this  Charter,  it  shall  be 
fixed  by  an  ordinance  of  the  Supervisors.  All  bonds,  excepting 
those  of  the  IMayor  and  Auditor,  must  be  approved  by  the  Mayor 
and  Auditor;  the  bond  of  the  Mayor  must  be  approved  by  the 
Auditor,  and  the  bond  of  the  Auditor  must  be  approved  by  the 
Mayor.  The  approval  of  every  official  bond  must  be  indorsed 
thereon,  and  signed  by  the  officers  approving  the  same,  after 
examination  of  the  sureties,  as  hereinafter  provided.  Upon  the 
approval  of  a  bond  it  must  be  recorded,  at  the  expense  of  the 
party  giving  the  bond,  in  the  office  of  the  Recorder,  in  a  book 
kept  for  that  purpose,  entitled  Record  of  Official  Bonds.  The  bond 
of  the  Auditor  shall  be  filed  and  kept  in  the  office  of  the  County 
Clerk.  The  bonds  of  all  other  officers  shall  be  filed  and  kept  in 
the  office  of  the  Auditor. 

Bonds  of  City  and  County  Officers.       Premium  for  Bonds. 

Sec.  2.  The  following  officers  shall  respectively  execute  official 
bonds  to  the  City  and  County,  with  sureties,  in  the  following  sums : 

Mayor,  twenty-five  thousand  dollars ;  Auditor,  fifty  thousand  dol- 
lars; Treasurer,  two  hundred  thousand  dollars;  Tax  Collector,  one 
hundred  thousand  dollars ;  Assessor,  fifty  thousand  dollars ;  County 
Clerk,  fifty  thousand  dollars;  Recorder,  ten  thousand  dollars; 
Sheriff,  fifty  thousand  dollars ;  Coroner,  ten  thousand  dollars ;  City 
Attorney,  ten  thousand  dollars;  District  Attorney,  ten  thousand 
dollars;  Public  Administrator,  fifty  thousand  dollars;  Superinten- 
dent of  Public  Schools,  five  thousand  dollars ;  each  Commissioner  of 
Public  Works,  twenty-five  thousand  dollars;  Clerk  of  the  Super- 
visors, ten  thousand  dollars ;  each  Supervisor,  five  thousand  dollars ; 
each  School  Director,  five  thousand  dollars;  each  Fire  Commis- 
sioner, ten  thousand  dollars;  each  Police  Commissioner,  five  thou- 
sand dollars;  each  Election  Commissioner,  ten  thousand  dollars; 
the  Property  Clerk  of  the  Police  Department,  ten  thousand  dollars ; 
the  Warrant  and  Bond  Clerk,  ten  thousand  dollars. 

In  all  cases  of  elective  officers,  officers  appointed  by  the  Mayor, 
and  officers  whose  bonds  are  fixed  by  the  Charter,  the  premium  or 
charge  for  such  bond  shall  be  paid  by  the  City  and  County; 
provided,  hoicever,  that  no  premium  or  charge  shall  exceed  one- 
half  of  one  per  cent  per  annum  on  the  amount  of  such  bond. — 
As  amended  November  5,  1907;  approved  hy  the  Legislature 
November  23,  1907   (Statutes  Special  Session,    1907,    page  37). 


214  Charter  of  the  City  and  County  of  San  Francisco. 

Bonds  Must  Contain  Certain  Conditions.       Sureties. 

Sec.  3.  City  and  County  officers  shall  not  be  accepted  as  surety 
for  each  other  on  official  bonds.  Every  bond  shall  contain  a  con- 
dition that  the  principal  will  faithfully  perform  all  official  duties 
then,  or  that  may  thereafter  be,  imposed  upon  or  required  of  him 
by  law,  ordinance,  or  this  Charter,  and  that  at  the  expiration  of 
his  term  of  office  he  will  surrender  to  his  successor  all  property, 
books,  papers,  and  documents  that  may  come  into  his  possession  as 
such  officer.  Such  bond  must  also  be  executed  by  two  or  more 
sureties  who  shall  each  justify  in  the  amount  required  for  said 
bond ;  but  when  the  amount  of  the  bond  is  more  than  five  thousand 
dollars,  the  sureties  may  become  severally  liable  for  portions  of 
not  less  than  twenty-five  hundred  dollars.  When  there  are  more 
than  two  sureties,  such  sureties  may  justify  in  an  amount  which  in 
the  aggregate  shall  equal  double  the  amount  of  said  bond. 

Qualifications  of  Sureties. 

Sec.  4.  Every  surety  upon  an  official  bond,  other  than  lawfully 
authorized  surety  companies,  must  make  an  affidavit,  which  shall 
be  endorsed  upon  such  bond,  that  he  is  a  resident  and  freeholder 
in  the  City  and  County,  and  worth  in  property  situated  in  the 
City  and  County,  exclusive  of  incumbrances  thereon,  double  the 
amount  of  his  undertaking  over  and  above  all  sums  for  which  he 
is  already  liable  or  in  any  manner  bound,  whether  as  principal, 
indorser  or  surety,  and  whether  such  prior  obligation  or  liability 
be  conditional  or  absolute,  liquidated  or  unliquidated,  due  or  to 
become  due.  All  persons  offered  as  sureties  on  official  bonds  may 
be  examined  on  oath  as  to  their  qualifications  by  the  officers  whose 
duty  it  is  to  approve  the  bond. 

Additional    Bond. 

Sec.  5.  When  under  any  of  the  provisions  of  this  Charter,  or 
of  any  ordinance,  an  official  bond  shall  be  required  from  an  officer, 
the  Supervisors  may,  by  resolution,  require  an  additional  bond, 
whenever,  in  the  opinion  of  such  board,  such  bond  or  any  surety 
thereto  becomes  insufficient;  and  such  additional  bond  shall  also 
be  required  when  a  surety  to  a  bond  shall  die  or  cease  to  be  a  resi- 
dent of  the  City  and  County. 

Liability. 

Sec.  6.  Every  officer  shall  be  liable  on  his  official  bond  for  the 
acts  and  omissions  of  his  deputies,  assistants,  clerks,  and  em- 
ployees, appointed  by  him,  and  of  any  and  each  of  them,  and 
every  official  bond  shall  contain  such  a  condition. 

Bonds    of    Deputies    and    Employees. 

Sec.  7.  Every  board,  department  or  officer  may  require  of  their 
deputies,  clerks  or  employees  bonds  of  indemnity  with  sufficient 
sureties  for  the  faithful  performance  of  their  duties. 


Article  Xy/>  Miscellaneous.  215 

ARTICLE  XVI. 

MISCELLANEOUS. 

"City  and  County"  Defined. 

Section  1.  The  words  ''City  and  County"  whenever  they  occur 
in  this  Charter  mean  the  City  and  County  of  San  Francisco;  and 
every  department,  board  and  officer,  wherever  either  one  of  them 
is  mentioned  in  this  Charter,  means  a  department,  board  or  officer, 
as  the  ease  may  be,  of  the  City  and  County  of  San  Francisco. 

Qualification  to   Hold   Office. 

Sec.  11/2 .  No  political,  religious  or  partisan  qualification  shall 
hereafter  be  required  for  election  or  appointment  to  any  office  under 
the  City  and  County.  The  right  to  hold  any  office  or  position  shall 
not  be  limited  by  sex.  Any  provision  of  this  Charter  in  conflict 
with  this  section  is  hereby  repealed. — Neiv  section  added  by  amend- 
meiit,  December  10,  1912;  approved  by  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

Employees  to  Be  Residents,  Except  Experts. 

Sec.  2.  All  persons  appointed  to  office,  position  or  employment 
under  the  City  and  County  must  be  citizens  of  the  United  States, 
and  must,  during  their  respective  terms  of  office  or  employment 
actually  reside  in  the  City  and  County,  and  must  have  so  resided 
for  the  period  of  one  year  next  preceding  their  appointment;  pro- 
vided, that  positions  requiring  expert  or  technical  training  may,  by 
resolution  of  the  Board  of  Supervisors  approved  by  the  Mayor, 
be  exempted  from  this  condition,  and  there  shall  be  imposed  in 
lieu  thereof  a  certification  of  training  and  experience.  Appointees 
whose  duties  are  performed  outside  the  City  and  County  shall  not 
be  subject  to  the  requirements  of  this  section.  All  provisions  of  the 
Charter  in  conflict  w^ith  this  section  are  hereby  repealed. — As 
amended  December  10,  1912;  approved  by  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

No   Absence    From   the   State. 

Sec.  3.  No  officer  of  the  City  and  County,  except  members  of 
the  Police  Department  acting  under  orders  of  the  Chief  thereof, 
shall  absent  himself  from  the  State,  except  by  permission  of 
the  ^layor  and  the  Board  of  Supervisors.  Violation  of  this 
section  shall  be  sufficient  cause  for  the  removal  of  any  offi- 
cer violating  the  same.  —  ^5  amended  November  15,  1910; 
approved  by  the  Legislature  February  17,  1911  (Statutes,  1911, 
page   1661). 

No  One   Shall    Hold  Two   Salaried   Offices. 

Sec.  4.  Any  person  holding  a  salaried  office  under  the  City  and 
County,  whether  by  election  or  appointment,  who  shall,  during  his 
term  of  office,  hold  or  retain  any  other  salaried  office  under  the 
government  of  the  United  States,  or  of  this  State,  or  who  shall 


216  Charter  of  the  City  and  County  of  San  Francisco. 

hold  any  other  salaried  office  connected  with  the  government  of 
the  City  and  County,  or  who  shall  become  a  member  of  the  Legis- 
lature, shall  be  deemed  to  have  thereby  vacated  the  office  held  by 
him  under  the  City  and  County. 

Limit  of  Subordinates  and  Supplies. 

Sec.  5.  No  department,  board  or  officer  shall,  under  any  cir- 
cumstances, employ  more  subordinates  than  are  specifically  pro- 
vided for  in  this  Charter  or  buy  supplies  beyond  the  sum  furnished 
therefor  by  the  Supervisors. 

Shall  Not  Be  Interested  in  Contracts  or  Supplies  or  Property  of  the  City. 

Sec.  6.  No  Supervisor  and  no  officer  or  employee  of  the  City 
and  County,  shall  be  or  become,  directly  or  indirectly,  interested 
in,  or  in  the  performance  of,  any  contract,  work,  or  business,  or 
in  the  sale  of  any  article,  the  expense,  price  or  consideration  of 
which  is  payable  from  the  treasury ;  or  in  the  purchase  or  lease  of 
any  real  estate  or  other  property  belonging  to,  or  taken  by,  the 
City  and  County,  or  which  shall  be  sold  for  taxes  or  assessments, 
or  by  virtue  of  legal  process  at  the  suit  of  the  City  and  County. 
If  any  person  in  this  section  designated  shall,  during  the  time  for 
which  he  was  elected  or  appointed,  acquire  an  interest  in  any 
contract  with,  or  work  done  for,  the  City  and  County,  or  any 
department  or  officer  thereof,  or  in  any  franchise,  right  or  privi- 
lege granted  by  the  City  and  County,  unless  the  same  shall  be 
devolved  upon  him  by  law,  he  shall  forfeit  his  office,  and  be  for- 
ever after  debarred,  and  disqualified  from  being  elected,  appointed 
or  employed  in  the  service  of  the  City  and  County;  and  all  such 
contracts  shall  be  void,  and  shall  not  be  enforceable  against  the 
City  and  County. 

Promises  or  Valuable  Consideration   Prohibited. 

Sec.  7.  No  officer  or  employee  of  the  City  and  County  shall 
give  or  promise  to  give  to  any  other  person,  any  portion  of  his 
compensation,  or  any  money,  or  valuable  thing,  in  consideration  of 
having  been,  or  of  being,  nominated,  appointed,  voted  for,  or 
elected  to,  any  office  or  employment;  and  if  any  such  promise  or 
gift  be  made,  the  person  making  such  gift  or  promise  shall  forfeit 
his  office  and  employment,  and  be  forever  debarred  and  disquali- 
fied from  being  elected,  appointed  or  employed  in  the  service  of 
the  City  and  County. 

Bribing  Prohibited. 

Sec.  8.  Any  officer  of  the  City  and  County  who  shall,  while  in 
office,  accept  any  donation  or  gratuity  in  money,  or  other  valuable 
thing,  either  directly  or  indirectly,  from  any  subordinate  or  em- 
ployee, or  from  any  candidate  or  applicant  for  any  position  as 
employee  or  subordinate  under  him,  shall  forfeit  his  office,  and  be 
forever  debarred  and  disqualified  from  holding  any  position  in  the 
service  of  the  City  and  County. 


Artticle  XVl^  Miscellaneous.  217 

Annual    Reports. 

Sec.  9.  Every  department,  board  and  commission  provided  for 
in  this  Charter,  except  the  Supervisors,  shall  render  to  the  Mayor 
within  one  month  after  the  end  of  each  fiscal  year  a  full  report  of 
all  the  operations  of  such  department  or  board  or  commission  for 
such  year. 

Vacancies  Defined. 

Sec.  10.  An  office  becomes  vacant  when  the  incumbent  thereof 
dies,  resigns,  is  adjudged  insane,  convicted  of  felony,  or  of  an 
offense  involving  a  violation  of  his  official  duties,  or  is  removed 
from  office,  or  ceases  to  be  a  resident  of  the  City  and  County,  or 
neglects  to  qualify  within  the  time  prescribed  by  law,  or  within 
twenty  days  after  his  election  or  appointment,  or  shall  have  been 
absent  from  the  State  without  leave  for  more  than  sixty  consecu- 
tive days. 
Liability  for  Illegal   Payments. 

Sec.  11.  Every  officer  who  shall  approve,  allow  or  pay  any 
demand  on  the  treasury  not  authorized  by  law,  ordinance  or  this 
Charter,  shall  be  liable  to  the  City  and  County  individually  and 
on  his  official  bond  for  the  amount  of  the  demand  so  illegally 
approved,  allowed  or  paid. 

Custody    of    Records. 

Sec.  12.  The  departments,  boards,  commissioners  and  officers 
provided  for  in  this  Charter  shall  be  entitled  to  the  possession  of 
all  papers,  books,  documents,  maps,  plats,  records  and  archives  in 
the  possession  or  under  the  control  of  those  respectively  who  are 
superseded  in  office  under  this  Charter  by  such  department,  boards, 
commissioners  and  officers. 

Books  and   Records  Open  to  Inspection. 

Sec.  13.  All  books  and  records  of  every  office  and  department 
shall  be  open  to  the  inspection  of  any  citizen  at  any  time  during 
business  hours.  Certified  copies  or  extracts  from  said  books  and 
records  shall  be  given  by  the  officer  having  the  same  in  custody  to 
any  person  demanding  the  same,  and  paying  or  tendering  ten 
cents  a  folio  of  one  hundred  words  for  such  copies  or  extracts; 
but  the  records  of  the  Police  Department  shall  not  be  subject  to 
such  inspection  except  permission  be  given  by  the  Police  Commis- 
sioners or  by  the  Chief  of  Police. 

Office    Hours. 

Sec.  14.  The  Treasurer  shall  keep  his  office  open  for  business 
every  day,  except  legal  holidays,  from  nine  o'clock  in  the  forenoon 
until  four  o'clock  in  the  afternoon.  Except  wherp  otherwise  pro- 
vided for  by  law,  or  by  this  Charter,  all  other  public  offices  shall 
be  kept  open  for  business  every  day,  except  legal  holidays,  from 
half-past  eight  o'clock  in  the  forenoon  until  five  o'clock  in  the 
afternoon ;  and,  in  addition  thereto,  from  the  first  day  of  Novem- 
ber until  the  last  Monday  of  December  in  each  year  the  office  of 


218  Charter  of  the  City  and  County  of  San  Francisco. 

the  Tax  Collector  shall  be  kept  open  until  nine  o'clock  in  the 
evening. 

Disqualifications. 

Sec.  15.  No  person  shall  be  eligible  to  or  hold  any  office,  or  be 
clerk  or  deputy  in  any  office  or  department,  who  has  been  found 
guilty  of  malfeasance  in  office,  bribery  or  other  infamous  crime, 
or  who  in  any  capacity  has  embezzled  public  funds. 

Fiscal   Year. 

Sec.  16.     The  fiscal  year  mentioned  in  this  Charter  shall  com- 
mence on  the  first  day  of  July  and  end  on  the  thirtieth  day  of 
June  following. 
All    Moneys  to    Be    Paid   to   Treasurer. 

Sec.  17.  All  moneys,  assessments  and  taxes  belonging  to  or 
collected  for  the  use  of  the  City  and  County,  coming  into  the 
hands  of  any  officer  of  the  City  and  County,  shall  immediately  be 
deposited  with  the  Treasurer  for  the  benefit  of  the  funds  to  which 
they  respectively  belong.  If  such  officer  for  twenty-four  hours 
after  receiving  the  same  shall  delay  or  neglect  to  make  such 
deposit,  he  shall  be  deemed  guilty  of  misconduct  in  office  and  may 
be  removed. 

Suspensions    and    Removals. 

Sec.  18.  Any  elected  officer,  except  Supervisor,  may  be  sus- 
pended by  the  Mayor  and  removed  by  the  Supervisors  for  cause ; 
and  any  appointed  officer  may  be  removed  by  the  Mayor  for  cause. 
The  Mayor  shall  appoint  somie  person  to  discharge  the  duties  of 
the  office  during  the  period  of  such  suspension. 
Procedure  After  Suspension  of  Elected  Officer. 

Sec.  19.  "When  the  Mayor  shall  suspend  any  elected  officer  he 
shall  immediately  notify  the  Supervisors  of  such  suspension  and 
the  cause  therefor.  If  the  Board  is  not  in  session,  he  shall  imme- 
diately call  a  session  of  the  same  in  such  manner  as  shall  be  pro- 
vided by.  ordinance.  The  Mayor  shall  present  written  charges 
against  such  suspended  officer  to  the  Board  and  furnish  a  copy  of 
the  same  to  said  officer,  who  shall  have  the  right  to  appear  with 
counsel  before  the  Board  in  his  defense.  If  by  an  affirmative  vote 
of  not  less  than  fourteen  members  of  the  Board  of  Supervisors, 
taken  by  ayes  and  noes  and  entered  on  its  record,  the  action  of 
the  Mayor  is  approved,  then  the  suspended  officer  shall  thereby 
be  removed  from  office ;  but  if  the  action  of  the  Mayor  is  not  so 
approved  such  suspended  officer  shall  be  immediately  reinstated. 
Removal  of  Appointed  Officer  by  the  Mayor. 

Sec.  20.  "When  the  Mayor  shall  remove  an  appointed  officer 
from  office,  he  shall  immediately  notify  the  Board  of  Supervisors 
of  such  removal,  and  furnish  it  a  statement  of  the  cause  therefor, 
which  statement  shall  be  entered  in  the  record  of  its  proceedings. 

Removal   of  Appointed    Deputies  or   Employees. 

Sec.  21.  Unless  otherwise  provided  by  law  or  by  this  Charter, 
any  officer,  board  or  department  authorized  to  appoint  any  dep- 


Article  XVI,  Miscellaneous.  219 

uty,  clerk,  assistant  or  employee,  shall  have  the  right  to  remove 
any  person  so  appointed. 

Appointments  to  Be  in  Writing  in  Duplicate. 

Sec.  22.  All  appointments  of  officers,  deputies  and  clerks  to  be 
made  under  any  provision  of  this  Charter  must  be  made  in  writing 
and  in  duplicate,  authenticated  by  the  person  or  persons,  board 
or  officer  making  the  same.  One  of  such  duplicates  must  be  filed 
with  the  Secretary  of  the  Civil  Service  Commission  and  the  other 
with  the  Auditor. 

Classification  by  Lot  to  Be   Recorded  and   Filed. 

Sec.  23.  Whenever  it  is  provided  in  this  Charter  that  the  mem- 
bers of  any  board,  department  or  commission  shall  so  classify 
themselves  by  lot  that  their  terms  of  office  shall  expire  at  different 
times,  such  members  shall,  on  the  day  of  making  such  classifica- 
tion, cause  the  same  to  be  entered  in  the  records  of  their  proceed- 
ings, and  a  copy  thereof,  certified  by  the  Secretary  thereof  and 
signed  by  all  of  said  members,  shall  be  filed  with  the  Clerk  of  the 
Supervisors.  In  every  case  such  classification  must  be  made  at  the 
first  meeting  of  the  Board. 

Powers  of  Officers  and  Boards  to  Administer  Oaths,  Issue  Subpoenas  and 
Hear   Testimony. 

Sec.  24.  Every  officer  and  every  member  of  any  board  or  com- 
mittee provided  for  in  this  Charter  shall  have  the  power  to  admin- 
ister oaths  and  affirmations,  and  every  such  board,  officer  or  com- 
mittee shall  have  the  power  to  issue  subpoenas,  to  compel  by  sub- 
poena the  production  of  books,  papers  and  documents,  and  to 
take  and  hear  testimony  concerning  any  matter  or  thing  pending 
before  any  such  board,  officer  or  committee.  If  any  person  so 
subpoenaed  neglect  or  refuse  to  appear,  or  to  produce  any  book, 
paper  or  document,  as  required  by  such  subpoena,  or  shall  refuse 
to  testify  before  any  such  board,  officer  or  committee,  or  to  answer 
any  question  which  any  officer  or  a  majority  of  such  board  or  com- 
mittee shall  decide  to  be  proper  or  pertinent,  he  shall  be  deemed 
in  contempt,  and  any  such  board,  officer  or  committee  shall  have 
power  to  take  the  proceedings  in  that  behalf  provided  by  the  gen- 
eral laws  of  this  State.  The  Chief  of  Police  must,  on  request  of 
such  officer  or  of  any  member  of  any  such  board  or  committee, 
detail  a  police  officer  or  officers  to  serve  such  subpoenas. 

Official  Newspaper. 

Sec.  25.  All  publications  provided  for  in  this  Charter  must  be 
made  in  the  official  newspaper  only. 

Franchises  Not  in  Use  Forfeited. 

Sec.  26.  All  franchises  and  privileges  heretofore  granted  by 
the  City  and  County  which  are  not  in  actual  use  or  enjoyment,  or 
which  the  grantees  thereof  have  not  in  good  faith  commenced  to 
exercise,  are  hereby  declared  forfeited  and  of  no  validity,  unless 
said  grantees  or  their  assigns  shall,  within  six  months  after  this 


220  Charter  of  the  City  and  County  of  San  Francisco. 

Charter  takes  effect,  in  good  faith  commence  the  exercise  and 
enjoyment  of  such  privilege  or  franchise. 

Ordinances   Repealed. 

Sec.  27.  All  ordinances  or  resolutions  for  the  improvement  of 
any  street  for  which  no  contract  shall  have  been  entered  into  at 
the  time  this  Charter  takes  effect  are  hereby  repealed. 

Ordinances   Continued. 

Sec.  28.  All  ordinances,  orders  and  resolutions  of  the  Super- 
visors of  the  City  and  County  in  force  at  the  time  this  Charter 
takes  effect,  and  not  inconsistent  therewith,  shall  continue  in  force 
until  amended  or  repealed. 

Bonded    Indebtedness,    How   Incurred.        Disposition   of   Proceeds   of   Sale 
of   Bonds. 

Sec.  29.  When  the  Supervisors  shall  determine  that  the  public 
interest  requires  the  acquisition  of  any  land  or  lands  or  the  con- 
struction or  acquisition  of  any  permanent  building  or  buildings, 
improvement  or  improvements  the  cost  of  which,  in  addition  to 
the  other  expenses  of  the  City  and  County  will  exceed  the  income 
and  revenue  provided  for"  the  City  and  County  for  any  one  year, 
they  must,  by  ordinance,  submit  a  proposition  or  propositions  to 
incur  a  bonded  indebtedness  for  such  purpose  or  purposes  to  the 
electors  of  the  City  and  County  at  a  special  election  to  be  held  for 
that  purpose  only.  All  provisions  of  this  Charter,  as  the  same 
shall  read  at  the  time  of  submitting  such  propositions  to  the 
electors,  providing  for  the  acquisition  of  public  utilities,  so  far  as 
the  same  are  applicable,  shall  apply  to  the  manner  of  submitting 
such  proposition  or  propositions,  to  the  issuance,  character  and  reg- 
istration of  said  bonds  and  to  the  time  when,  and  the  kind  of  money 
in  which  said  bonded  indebtedness  shall  be  payable. 

The  proceeds  of  any  sale  of  bonds  shall  be  placed  in  the  treas- 
ury to  the  credit  of  the  proper  fund  and  shall  be  applied  exclu- 
sively to  the  purposes  and  objects  mentioned  in  the  ordinance 
authorizing  their  issuance  until  such  objects  are  fully  accom- 
plished, after  which,  if  any  surplus  remains,  such  surplus  may  be 
transferred  to  the  general  fund,  except  that  if  such  fund  exceeds 
the  sum  of  two  thousand  dollars  then  such  surplus  and  the  whole 
thereof  shall  be  transferred  to  the  appropriate  fund  or  funds  to 
pay  the  interest  and  maintain  the  sinldng  fund  or  provide  for  the 
retirement  of  the  bonded  indebtedness  in  connection  wdth  which 
such  surplus  remains. — As  amended  November  5,  1907 ;  a^pproved 
hy  the  Legislature  November  22,  1907  (Statutes  Special  Session, 
1907,  page  17). 

Bonds  for  Street  and  Other  Public  Work.     Revolving  Fund. 

Sec.  291/^.  A  municipal  indebtedness  may  be  incurred  and 
bonds  may  be  authorized  to  be  issued  therefor  by  the  voters  for 
the  purpose  of  facilitating  the  performance  of  street  or  any  other 
kind  of  public  work,  or  opening  of  streets,  or  acquisition  of  prop- 


Article  XVI,  Miscellaneous.  221 

erty  for  any  of  the  aforesaid  purposes,  the  cost  of  which  is  to  be 
assessed  upon  private  property  benefited  thereby;  provided,  that 
said  cost  shall  in  the  aggregate  exceed  the  sum  of  five  hundred 
thousand  dollars.  To  authorize  such  indebtedness  the  Supervis- 
ors shall  adopt  a  resolution  declaring  the  necessity  therefor  and 
at  an}^  time  thereafter  may  call  an  election  for  the  purpose  of  sub- 
mitting to  the  electors  the  proposition  of  authorizing  the  issuance 
of  bonds  and  the  incurring  of  the  indebtedness.  Such  election 
may  be  held  at  the  same  time  as  any  other  election,  or  otherwise, 
as  the  Supervisors  may  determine,  but  if  held  at  the  same  time  as 
is  a  general  State  or  municipal  election  separate  ballots  may  be 
used  and  the  paper  on  which  the  ballots  are  printed  shall  be  dis- 
tinctively different  from  that  used  for  the  election  of  officers.  The 
principal  and  interest  on  such  bonds  may  be  paid  from  the  fund 
herein  provided  for  or  as  other  bonds  of  the  City  and  County  are 
redeemed  and  paid  in  the  discretion  of  the  Supervisors.  The  full 
faith  and  credit  of  the  City  and  County  shall  be  pledged  for  the 
punctual  payment  of  the  principal  and  interest.  Such  indebted- 
ness shall  be  no  part  of  the  debt  limited  by  Section  9  of  Article 
XII  of  the  Charter.  The  maximum  rate  of  interest  shall  not 
exceed  five  per  centum  per  annum  and  the  principal  shall  be  pay- 
able at  any  time  after  ten  years  and  within  twenty  years  from 
their  date,  as  may  be  determined  by  the  Board  of  Supervisors.  If 
more  than  two-thirds  of  the  voters  voting  at  such  election  shall 
vote  in  favor  of  the  incurring  of  the  indebtedness,  then  such  bonds 
may  be  issued  as  herein  provided.  The  bonds  so  authorized  shall 
be  sold  in  such  amounts  and  at  such  times  as  the  Supervisors  may 
direct  and  the  proceeds  arising  from  such  sale  shall  be  placed  in 
a  special  fund  known  as  the  public  work  revolving  fund.  Thp 
moneys  in  such  fund  shall  be  used  to  pay  the  cost  of  any  public 
improvement,  the  cost  of  which  (or  any  portion  thereof)  has  been 
or  may  be  assessed  against  private  property  benefited  thereby,  or 
may  be  used  to  pay  the  principal  or  interest  on  the  bonds  issued  as 
herein  provided.  All  sums  paid  on  account  of  such  assessment 
shall  be  placed  to  the  credit  of  such  fund.  Interest  shall  be  charged 
on  all  such  assessments  at  the  rate  of  six  per  centum  per  annum, 
from  the  date  of  the  acceptance  of  the  work  for  the  payment  of 
which  the  assessments  were  imposed.  Such  assessments  when  exceed- 
ing $25  may  be  paid  in  not  more  than  ten  annual  installments.  The 
Supervisors  shall,  by  proper  legislation  provide  for  carrying  into 
effect  the  provisions  of  this  section. — New  section  added  hy  amend- 
ment December  10,  1912;  approved  hy  the  Legislature  March 
28,  1913  (Statutes,  1913,  page  1602). 

Bonds   May   Be   Issued  for  Exposition. 

Sec.  29a.  1.  The  Supervisors  are  hereby  empowered  and 
directed,  without  further  authority,  to  incur  a  bonded  indebted- 
ness, of  the  City  and  County,  in  an  amount  of  five  million  dollars, 
and  to  issue  municipal  bonds  therefor,  the  proceeds  of  said  bonds 
to  be  granted  and  turned  over  to  the  Panama-Pacific  International 


222  Charter  of  the  City  and  County  of  San  Francisco. 

Exposition  Company  (a  corporation  organized  under  the  laws  of 
the  State  of  California  March  22,  1910),  to  be  used  and  disbursed 
by  said  exposition  company  for  the  purposes  of  an  international 
exposition  to  be  held  in  the  City  and  County  of  San  Francisco  to 
celebrate  the  completion  of  the  Panama  Canal. 

2.  The  bonds  issued  under  the  provisions  of  this  section  shall 
be  in  such  form  as  the  Supervisors  in  the  ordinance  providing  for 
such  bonded  indebtedness  shall  determine ;  provided  that  such  bonds 
shall  be  issued,  sold,  redeemed,  registered  and  converted  in  accord- 
ance with  the  provisions  of  Sections  10,  11,  12  and  13,  of  Article 
XII  of  the  Charter,  as  they  now  read,  so  far  as  said  Sections  are 
applicable. 

3.  The  proceeds  of  any  sale  of  such  bonds  shall  be  payable 
immediately  by  the  Treasurer  of  the  City  and  County  to  the 
Treasurer  of  said  Panama-Pacific  International  Exposition  Com- 
pany, upon  the  demand  of  such  Treasurer  of  said  exposition 
company,  without  the  necessity  of  the  approval  of  such 
demand  by  the  Auditor  of  the  City  and  County,  or  other 
authority,  the  same  to  be  used  and  disbursed  by  said  Panama- 
Pacific  International  Exposition  Company  for  the  purposes  of 
of  such  exposition. — New  section  added  hy  amendment  November 
15,  1910;  approved  hy  the  Legislature  February  17,  1911  (Statutes, 
1911,  page  1661). 

Duties  of  Subordinates. 

Sec.  30.  Every  assistant  deputy  or  other  subordinate  of  any 
board,  department  or  officer,  shall  discharge  any  of  the  duties  per- 
taining to  such  department,  -board  or  office  as  his  chief  may  assign 
him  to. 

Ineligibility  to   Office. 

Sec,  31.  No  member  of  the  Board  of  Police  Commissioners  and 
no  member  of  the  Board  of  Fire  Commissioners  shall  be  eligible  to 
any  elective  office  while  he  is  a  member  of  such  Board,  or  for  one 
year  thereafter. 

Members  of  the  Police  or  Fire  Departments  Not  to  Participate  in  Politics 
or  Conventions. 

Sec.  32.  No  member  of  the  Board  of  Police  Commissioners  and 
no  member  of  the  Board  of  Fire  Commissioners,  and  no  officer,  sub- 
ordinate or  employee  of  the  Police  Department  or  of  the  Fire 
Department,  shall  be  a  member  of  any  partisan  convention  the  pur- 
pose of  which  is  to  nominate  candidates  for  office;  nor  shall  either 
of  them  directly  or  indirectly  electioneer,  by  soliciting  votes  or 
otherwise,  for  or  against  any  candidate  for  office  at  any  election, 
or  for  or  against  any  candidate  for  nomination  before  any  political 
convention,  or  for  or  against  any  candidate  or  delegate  to  such  con- 
vention at  any  primary  election ;  nor  shall  either  of  them  be  a  mem- 
ber of  any  committee,  club,  or  organization,  the  purpose  of  which  is 
to  nominate  or  endorse  candidates  for  office  at  any  election ;  nor  in 


Article  XVI,  Miscellaneous.  223 

auy  way  attempt  to  influence  or  control  such  committee,  club  or 
organization,  while  nominating  or  endorsing  said  candidates;  nor 
take  any  part  in  the  control,  management  or  distribution  of  the 
political  patronage  of  any  public  ofi&cer;  nor  shall  any  member  of 
either  of  said  Boards,  or  any  officer,  subordinate  or  employee  of 
either  of  said  departments  directly  or  indirectly  attempt  to  control 
or  in  any  manner  influence  the  action  of  any  officer,  subordinate 
or  employee  of  either  of  said  departments  at  any  general,  special 
or  primary  election.  And  no  officer,  subordinate  or  employee  of 
either  of  said  departments  shall  levy,  collect  or  pay  any  amount 
of  money  as  an  assessment  or  contribution  for  political  purposes. 
Any  person  violating  any  of  the  provisions  of  this  section  shall  be 
removed  forthwith  from  his  office  or  employment.  If  the  violation 
be  by  a  member  of  either  of  said  Boards  the  Mayor  must  remove 
such  member ;  and  if  by  an  officer,  employee  or  subordinate  of  either 
of  said  departments,  then  the  Board  whose  officer,  employee  or  sub- 
ordinate has  been  guilty  of  such  violation,  must  remove  such  officer, 
employee  or  subordinate ;  and  if  such  Board  fail  or  refuse  to  make 
such  removal,  then  the  Mayor  must  remove  all  members  of  the 
Board  who  have  so  failed  or  refused. 

Pay  for  Actual  Service. 

Sec.  33.  No  deputy,  clerk  or  other  employee  of  the  City  and 
County  shall  be  paid  for  a  greater  time  than  that  covered  by  his 
actual  service. 

Salaries   Full   Compensation. 

Sec.  34.  The  salaries  provided  in  this  Charter  shall  be  in  full 
compensation  for  all  services  rendered,  and  every  officer  shall  pay 
all  moneys  coming  into  his  hands  as  such  officer,  no  matter  from 
what  source  derived  or  received,  into  the  treasury  of  the  City  and 
County  within  twenty-four  hours  after  receipt  of  the  same. 

Additional   Clerks  or   Employees. 

Sec.  35.  When  any  officer,  board  or  department  shall  require 
additional  deputies,  clerks  or  employees,  application  shall  be  made 
to  the  Mayor  therefor,  and  upon  such  application  the  ^layor  shall 
make  investigation  as  to  the  necessity  for  such  additional  assist- 
ance; and  if  he  find  the  same  necessary  he  may  recommend  to  the 
Supervisors  to  authorize  the  appointment  of  such  additional  depu- 
ties, clerks  or  employees;  and  thereupon  the  Supervisors,  by  an 
affirmative  vote  of  not  less  than  fourteen  members,  may  authorize 
such  appointments  and  provide  for  the  compensation  of  such  ap- 
pointees, subject  to  the  limitations  contained  in  this  Charter,  and 
subject  to  the  provisions  of  Article  XIII  thereof. 

First  Appointments  by  Mayor.  Beginning  and  Expiration  of  Terms  of 
Office. 
Sec.  36.  At  any  time  between  the  first  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  ninety-nine,  and  the  first  day 
of  January,  in  the  year  nineteen  hundred,  the  person,  who,  at  the 
election  held  under  this  Charter  in  the  month  of  November  next 
preceding,  has  been  elected  the  Mayor  of  the  City  and  County, 


224  Charter  of  the  City  and  County  of  San  Francisco. 

shall  make  all  the  appointments  provided  by  this  Charter  to  be 
made  by  him,  and  all  the  persons  so  appointed  shall  thereupon 
qualify  as  in  this  Charter  provided,  and  shall  take  office  at  the 
hour  of  noon  on  the  first  Monday  after  the  first  day  of  January  in 
the  year  nineteen  hundred,  and  all  boards,  commissions  and  officers 
of  the  City  and  County  holding  by  appointment  under  existing 
laws  shall  hold  office  no  longer  than  said  last  aforesaid  time. 

Balances   in   the   Several    Funds  to    Be   Transferred'  to  Their   Successive 
Funds  Under  the  Charter. 

Sec.  37.  The  balance  remaining  in  the  School  Fund  at  the  time 
this  Charter  takes  effect  shall  forthwith  be  transferred  to  the 
Common  School  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Library  Fund  at  the  time  this  Charter  takes 
effect  shall  forthwith  be  transferred  to  the  Library  Fund  created 
by  this  Charter.  The  balance  remaining  in  the  Park  Improve- 
ment Fund  at  the  time  this  Charter  takes  effect  shall  forthwith 
be  transferred  to  the  Park  Fund  created  by  this  Charter.  The 
balance  remaining  in  the  Unapportioned  Fee  Fund  at  the  time 
this  Charter  takes  effect  shall  forthwith  be  transferred  to  the 
Unapportioned  Fee  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Police  Relief  and  Pension  Fund  at  the  time  this 
Charter  takes  effect  shall  forthwith  be  transferred  to  the  Police 
Relief  and  Pension  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Surplus  Fund  at  the  time  this  Charter  takes 
effect  shall  forthwith  be  transferred  to  the  Surplus  Fund  created 
by  this  Charter.  The  balance  remaining  in  the  Special  Deposit 
Fund  at  the  time  this  Charter  takes  effect  shall  forthwith  be 
transferred  to  the  Special  Deposit  Fund  created  by  this  Charter. 
The  balance  remaining  in  the  General  Fund  at  the  time  this 
Charter  takes  effect,  the  balance  remaining  in  the  Street  Light 
Fund  at  the  time  this  Charter  takes  effect,  the  balance  remaining 
in  the  Street  Department  Fund  at  the  time  this  Charter  takes 
effect,  the  balance  remaining  in  the  Police  Contingent  Fund  at 
the  time  this  Charter  takes  effect,  the  balance  remaining  in  the 
Pound  Fee  Fund  at  the  time  this  Charter  takes  effect,  and  the 
balance  remaining  in  the  Special  Fee  Fund  at  the  time  this  Char- 
ter takes  effect,  shall  each  and  every  of  them  be  forthwith  trans- 
ferred to  the  General  Fund  created  by  this  Charter.  Out  of 
the  said  General  Fund  shall  be  paid,  as  in  this  section  herein- 
after provided,  all  the  expenses  of  the  various  departments  of  the 
City  and  County,  except  such  expenses  as  are  by  this  Charter  to 
be  paid  out  of  the  Funds  specifically  provided  for  the  payment 
of  such  expenses.  For  the  six  months  ending  on  the  thirtieth 
day  of  June,  in  the  year  nineteen  hundred,  each  and  every  of 
said  departments  shall  expend  the  moneys  set  apart  to  each  of 
them  by  the  Board  of  Supervisors  of  the  existing  municipality. 
So  much  of  said  moneys  set  apart  by  said  Board  of  Supervisors 
to  the  Superintendent  of  Public  Streets,  Highways  and  Squares 
for  the  fiscal  year  ending  on  said  thirtieth  day  of  June,  in  the 
year  nineteen  hundred,  as  shall  remain  unexpended  at  the  time 


\ 


Article  XVI,  Miscellaneous.  225 

this  Cliarter  takes  effect,  shall  be  expended  during  said  six 
months  by  the  Board  of  Public  Works  in  the  operations  of  the 
department  committed  to  its  cliarge.  All  the  expenses  of  the 
City  and  County  which  are  not  to  be  paid  out  of  specific  funds 
shall  be  paid  during  said  six  months  out  of  the  General  Fund. 
Should  the  moneys  set  apart  by  the  Board  of  Supervisors  of  the 
existing  municipality  to  any  department  of  the  City  and  County 
become  or  be  exhausted  at  any  time  during  said  six  months,  or 
should  any  department  created  by  this  Charter  have  no  money 
specifically  provided  for  it  during  said  six  months,  then  in  each 
such  case  the  expenses  thereof  shall  be  paid  out  of  the  General 
Fund,  notwithstanding  anything  contained  in  Sections  6  and  7  of 
Chapter  1  of  Article  III  of  this  Charter.  Such  pensions  as  may 
accrue  to  firemen  under  Article  IX  of  this  Charter  during  said 
six  months  shall  be  paid  out  of  the  General  Fund.  The  existing 
municipality  mentioned  in  this  section  is  the  existing  municipality 
of  the  City  and  County  of  San  Francisco,  and  the  several  funds 
which  are  to  be  transferred  as  in  this  section  provided  are  funds 
of  said  existing  municipality.  All  the  funds  of  said  existing 
municipality  not  mentioned  in  this  section,  and  which  are  author- 
ized by  law,  shall  be  continued  in  the  treasury  until  the  necessity 
for  their  continuance  ceases. 
Balances    of    Unnecessary    Funds. 

Sec.  38.  When  the  necessity  for  maintaining  any  Fund  of  the 
City  and  County  in  existence  at  the  time  this  Charter  takes  effect 
has  ceased  to  exist,  and  a  balance  remains  in  such  Fund,  the  Super- 
visors shall  so  declare  by  ordinance,  and  upon  such  declaration  such 
balance  shall  be  forthwith  transferred  to  the  General  Fund. 
Terms  of  Officers. 

Sec.  3Sa.  The  term  of  office  of  the  Mayor,  County  Clerk, 
Auditor,  District  Attorney,  Sheriff,  Coroner  and  nine  of  the 
eighteen  Supervisors  shall  be  four  years,  commencing  January  8, 
1912,  and  the  term  of  office  of  the  Tax  Collector,  Recorder,  City 
Attorney,  Public  Administrator,  Treasurer  and  nine  of  the  eight- 
een Supervisors  shall  be  two  years  until  the  eighth  day  of  January, 
1914,  and  thereafter  shall  be  four  years. 

Thereafter  all  the  terms  of  the  officers  herein  named  shall  be 
four  years.  The  nine  Supervisors  receiving  the  hisrhesl  number  of 
votes  at  the  municipal  election  held  in  1911  shall  be  the  Super- 
visors whose  terms  shall  be  four  years  from  January  8,  1912,  and 
the  terms  of  the  nine  Supervisors  receiving  the  next  highest  num- 
ber of  votes  at  said  municipal  election  shall  be  two  years  from 
January  8.  1912:  provided  that  if  it  should  be  impossible  to  deter- 
mine the  highest  number  of  votes  by  reason  of  others  having 
received  the  same  number  of  votes,  then  those  so  tied  shall  choose 
by  lot  the  four-year  term.  At  each  general  municipal  election 
officers  shall  only  be  chosen  to  succeed  those  whose  terms  expire  in 
the  month  of  January  next  following.  The  provisions  of  this  sec- 
tion shall  be  deemed  to  be  amendatory  of  all  other  provisions  in  the 
Charter  relating  to  the  terms  of  the  officers  herein  named,  whether 


226  Charter  of  the  City  and  County  of  San  Francisco. 

heretofore  existing  or  contained  in  sections  amended  in  other  respects 
concurrently  with  the  adoption  of  this  amendment. — New  section 
added  hy  amendment  November  15,  1910;  approved  by  the  Legis- 
lature February  17,  1911  (Statutes,  1911,  page  1661). 

Sec.  41.  It  is  hereby  expressly  provided  that  all  amendments 
to  the  Charter  submitted  and  adopted  concurrently  herewith  that 
create  new  positions  or  change  the  designation  of  any  officer  or 
employee,  or  which  increases  the  compensation  of  any  officer  or 
employee,  shall  not  take  effect  until  July  1,  1911.^ — New  section 
added  by  amendment  November  15,  1910;  approved  by  the  Legis- 
lature February  17,  1911  (Statutes,  1911,  page  1661). 

Sec.  42.  Except  as  otherwise  provided,  all  amendments  to  the 
Charter  submitted  and  adopted  concurrently  herewith,  or  that  may 
be  hereafter  adopted,  that  increase  the  salary  of  any  officer  or 
employee  shall  not  take  effect  until  the  end  of  the  fiscal  year  in 
which  such  amendment  is  ratified  by  the  Legislature  of  the  State 
of  California. — Neiv  section  added  by  amendment  March  16,  1915 ; 
approved  by  the  Legislature  April  1,  1915  (Statutes,  1915,  page 
180.) 
Pensions  of  Policemen  or  Firemen  Absent  in  Army  or  Navy. 

Sec.  43.  Absence  of  any  officer  or  member  of  the  Police  or  Fire 
Departments  of  the  City  and  County  of  San  Francisco  from  service 
in  either  of  said  departments  caused  by  reason  of  the  service  of  such 
officer  or  member  in  the  military  or  naval  forces  of  the  United  States 
in  any  war  in  which  the  United  States  is  now  or  may  become  en- 
gaged, shall  not  be  deemed  to  be  such  an  absence  from  service  in 
either  of  said  departments  as  shall  break  the  continuity  of  service 
required  of  such  officer  or  member  to  entitle  him  to  a  pension  as  pro- 
vided in  this  Charter,  but  the  period  of  such  absence  in  such  military 
or  naval  service  shall  not  be  deemed  service  in  either  of  said  depart- 
ments.— Neiv  section  added  by  amendment  November  5,  1918;  ap- 
proved by  the  Legislature  January  17,  1919  (Statutes,  1919). 

SCHEDULE. 
Publication  of  Charter,  and  Ratification  at  Special  Election. 

This  Charter  shall  be  published  for  twenty  days  in  The  San  Fran- 
cisco Call  and  in  the  Daily  Report,  daily  newspapers  of  general 
circulation  in  the  City  and  County  of  San  Francisco,  and  after 
such  publication,  viz. :  on  Thursday,  the  twenty-sixth  day  of  May, 
in  the  year  one  thousand  eight  hundred  and  ninety-eight,  it  shall 
be  submitted  to  the  qualified  electors  of  said  City  and  County  of 
San  Francisco,  at  a  special  election  which  shall  be  held  on  that  day, 
for  the  sole  purpose  of  voting  upon  the  adoption  of  the  same ;  and 
if  a  majority  of  the  qualified  electors  of  said  City  and  County  vot- 
ing at  said  election  shall  ratify  the  same  it  shall  be  submitted  to  the 
Legislature  of  the  State  of  California  for  its  approval  or  rejection. 
If  the  Legislature  shall  approve  the  same,  it  shall  take  effect  and  be 
in  force,  except  as  hereinafter  otherwise  provided,  on  and  after  the 
hour  of  noon  on  the  first  Monday  after  the  first  day  of  January,  in 
the  year  nineteen  hundred,  and  shall  thereupon  become  the  Charter 


Article  XVI,  Schedule.  227 

and  organic  law  of  the  City  and  County  of  San  Francisco,  and 
shall  supersede  the  existing  Charter  of  said  City  and  County,  and 
ail  amendments  thereof,  and  all  laws  inconsistent  with  this  Charter. 

The  form  of  ballots  at  said  election  shall  be  as  follows : 

For  the  New  Charter,  YES. 
For  the  New  Charter,  NO. 

For  the  sole  purpose  of  the  election  of  the  oflficers  directed  in  this 
Charter  to  be  elected  by  the  people,  this  Charter  shall  take  effect  on 
and  after  its  approval  by  the  Legislature,  and  the  election  of  such 
officers  shall  be  managed,  conducted  and  controlled  by  the  Board  of 
Election  Commissioners  in  and  for  said  City  and  County  in  office 
at  the  time  of  such  election. 

And  for  the  sole  other  purpose  of  the  Mayor  elected  under  this 
Charter  making  the  appointments  provided  in  this  Charter  to  be 
made  by  him,  and  of  the  qualification  of  the  persons  so  appointed, 
this  Charter  shall  take  effect  on  the  first  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  ninety-nine. 

Be  It  Known,  That  the  City  and  County  of  San  Francisco,  con- 
taining a  population  of  more  than  two  hundred  thousand  inhabi- 
tants, on  the  twenty-seventh  day  of  December,  in  the  year  one 
thousand  eight  hundred  and  ninety-seven,  and  under  and  in  ac- 
cordance with  the  provisions  of  Section  8,  of  Article  XI,  of  the 
Constitution  of  this  State,  did  elect  the  undersigned  a  Board  of 
Fifteen  Freeholders,  to  prepare  and  propose  a  Charter  for  said 
City  arid  County;  and  we,  the  members  of  said  Board,  in  pur- 
suance of  such  provisions  of  the  Constitution,  and  within  a  period 
of  ninety  days  after  such  election,  have  prepared  and  do  propose 
the  foregoing,  signed  in  duplicate,  as  and  for  the  Charter  for  said 
r'ity  and  County  of  San  Francisco. 

In  Witness  Whereof,  we  have  hereunto  set  our  hands  in  dupli- 
cate, this  twenty-fifth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  ninety-eight. 

JOSEPH  BRITTON,  President, 

JEROME  A.  ANDERSON, 

JAMES  BUTLER, 

H.  N.  CLEMENT, 

A.  COMTE,  Jr. 

ALFRED  CRIDGE, 

L.  R.  ELLERT, 

TSIDOR  GUTTE, 

P.  II.  McCART?IY, 

JOHN  NIGHTINGALE,  Jr. 

JOHN  C.  NOBMANN, 

JOSEPH  O'CONNOR, 

LIPPMANN  SACHS, 

EDWARD  R.  TAYI.OR, 

A.  W.  THO^rPSON. 

Attest:    J.  RTCIT'D  FREUD,  Sfcrciary. 


228  Charter  of  the  City  and  County  of  San  Francisco. 


City  and  County  of  San  Francisco. 
State  of  California, 

This  is  to  certify  that  we,  James  D.  Phelan,  Mayor  of  the  City 
and  County  of  San  Francisco,  and  Thomas  J.  Glynn,  County 
Recorder  of  said  City  and  County,  have  compared  the  foregoing 
proposed  and  ratified  Charter  with  the  duplicates  mentioned  there- 
in, and  find  that  the  same  is  an  exact  copy  thereof ;  and  we  further 
certify  that  the  facts  set  forth  in  the  preamble  preceding  said 
Charter  herein  are  true. 

Dated,  San  Francisco,  Cal.,  December  thirtieth,  eighteen  hundred 
and  ninety-eight. 

JAMES  D.  PHELAN, 
Mayor  of  the  City  and  County  of  San  li^rancisco. 

THOS.  J.  GLYNN, 

County  Recorder  of  the  City  and  County  of  San  Francisco. 


INDEX 


ABANDONMENT  OF  STREETS 

ABATEMENTS   OF  NUISANCES 

ABOLISH, 

Position  ^-.»...„ 

Unnecessary  funds  

ABSENCE, 

Chief  Engineer,  Fire  Department 

Chief  of  Police 

Deduction  from  salary  for 

From  State, 

For  more  than  sixty  days  creates  vacancy 

When  permitted 

Leave  of, 

Firemen    

Military  service 

Pension  rights,  policemen  or  firemen  on  military 

service    

Sunervisors  from  meetings 

ABUSE  OF  DISCRETION,  by  commissioners 

ACADEMY  OF  SCIENCES, 

May  erect  museum  in  Golden  Gate  Park 

Steinhart   Aquarium 

ACCEPTANCE, 

Bids  for  supplies 

Board  of  Public  Works, 

Certificate  

Of  public  work 

Bribe  to  official  from  subordinate 

Defective  work  prior  to,  liability 

Fountains  

Inferior  materials  by  officer 

Monuments    

Paintings    

Park    Commission 

Progressive  payments  on  contracts  before 

School  houses 

Statues    

Streets, 

By  ordinance  of  Supervisors 

Conditional    

Entire  width  of  roadway,  block  or  crossing.... 

Register  kept  by  Board  of  Public  Works 

Sewer,  gas  and  water  pipes  to  be  laid  before 

W^orks  of  art 

ACCIDENTS, 

Claims  for  damages 

Employees  disabled  through  

ACCOUNTS, 
Auditor, 

Custodian    of 

To  examine  and  settle 

City's  money  or  property,  recovery 

Corporations'  books,  ^xperting 


Section  or 

Subdivision 

Page 

27 

96 

6 

9 

13 

201 

38 

225 

2 

152 

4 

139 

6 

48 

10 

217 

3 

215 

2 

158 

21 

203 

43 

226 

3 

4 

5 

156 

12 

208 

43a 

15 

1 

24 

16 

92 

22 

77 

8 

216 

5 

2 

10 

207 

4 

27 

10 

207 

10 

207 

10 

207 

21 

77 

1 

132 

10 

207 

23 

94 

23 

94 

23 

94 

23 

94 

23 

94 

10 

207 

8 

20 

71/^ 

197 

1 

47 

10 

41 

14 

43 

4 

17 

230  Index 

ACCOUNIS    (Continued)  Subdivision      Page 

Finance  Committee,  control 3  16 

Libraries,    Public 5  133 

Method  of  keeping  in  Auditor's  office 3-4  47-48 

Playgrounds  10  212 

Public   Service   Corporations,  investigating 4  17 

Public  utilities,  how  kept 3  194 

Stationery  supplies 3  27 

Storekeeper  32  98 

Street   Railways,   experting 6  19 

Treasurer  to  keep  separately 2  50 

Uniform  system,  prescribing 40  14 

ACQUISITION, 

Bond  issue 29  2*^0 

Excess  of  actual  requirements,  land 10  22 

Franchise,  street  railway,  purchase 7a  37 

Property  for  public  use 12  10 

Public  Library  property 4  133 

Public     utilities 1-16      186-194 

Sewer  construction,  land  for 6  111 

Streets,  land  for  opening,  &c 1-19      100-109 

Subway,  tunnel  and  viaduct  construction,  land  for  2  121 

Water  supply,  land  for 15  193 

Water  works  and  sources 1  186 

(See  altso  Purchase,  Condemnation.) 
ACTIONS, 

Attorney's  fees  in 15  90 

Bank,  deposit  of  public  funds 2  51 

Board   of  Education 8  126 

City  and  County  of  S'an  Francisco 4  2 

City  Attorney, 

Keep  register  and  records 3  59 

Prosecute  and  defend 2  58 

Civil   service   provisions,    violation 20  203 

Condemnation, 

Cases  having  precedence 16  108 

Opening,   etc.,   of   streets 16  108 

Property  for  public  use 12  10 

Continuances,  Police  Court 6  64 

Costs,    recovery 15  90 

Delinquent  taxes,  collection , 3  55 

Dismissals,    Police    Court 1  64 

District  Attorney 2  60 

Franchises,    forfeiture    of 3  46 

Injuries  5  2 

Lien,   street  assessment 12  88 

Materialman,  amount  unpaid  on  contract 7  29 

New  street  assessment,  enforcing  lien 12  88 

Paving,  railroad  tracks 24  95 

Police  courts 2  60 

Police   court,   rules 3  64 

Public    libraries 4  133 

Recovery, 

City's  money  or  property 14  43 

Public    property 4  2 

Speedy  trial 6  64 

Street  assessments 15  90 

Street  assessments 17  9^, 

Streets,  excavation,  lien 9  72 

ACTS, 

Initiative  of  the  people 1-16      174-180 

Of  emjiloyees,  officers  liable  for • 6  214 


Index 


231 


ACTUAL  SERVICE,  payment  only : 

ADDITIONAL, 

Assistants,  employment  of 

Bonds  of  officials 

Clerks,  Supervisors 

Employees,  procedure 

Initiative  petition,  signatures  to 

ADOPTION, 

Ordinance,  etc.,  by  people 

Resolutions    

ADULTS,  evening  schools 

ADVERTISING, 

Amended  bill  of  resolutions,  five  days 

Affidavit  of  publisher  of  official  newspaper 

Appeal  from  street  assessment,  five  days 

Award  of  contract,  public  work,  five  days 

Bidder  to  pay 

Bids,  new,  for 

Bills  and   resolutions 

Bonds, 

Election  

Redemption   of,   thirty   days 

Sale  of 

Change  of  grade. 

Notice  of  assessment 

Notice,  ten  days 

Objections  to,  five  days 

Charter  in  two  daily  newspapers 

Closing  of  streets,  notice 

Contracts  for  public  work,  five  days 

Cost  of,  to  be  collected 

Daily,  legal  holidays  excepted 

Delinquent  assessments, 

Change  of  grade 

Sale  of  property 

Delinquent  tax  list 

Fire  Department  contracts 

Franchises,  street  railways 

Included  under  incidental  expenses 

Lease  of  city  lands 

Leasing  of  school  property,  notice,  sixty  days 

Official, 

Contracts    

In  official  newspaper 

Uniform  rates 

What  consists  of 

Opening  of  streets,  assessments  on,  ten  days 

Ordinances  of  Supervisors 

Park  ordinances 

Personal  property,  sale  of,  five  days 

Printing,  proposals  for,  ten  days 

Prohibited,  unless  authorized 

Proposals  for  public  work 

Public  utilities,  acquiring,  ordinance  of  intention.. 
Repaving,  on  change  of  grade,  awards  of  contract.. 

Resolutions,  before  final  passage 

Sale, 

City  and  County  personal  property 

Lands,  notice,  three  weeks 


Section  or 

Subdivision   Page 

33 

223 

12 

42 

5 

214 

1 

4 

35 

223 

3 

177 

1 

174 

9 

5 

2 

124 

13 

6 

26 

96 

14 

89-90 

17 

74 

9 

116 

5 

27 

13 

6 

8 

190 

7 

37 

10 

191 

12 

117 

7 

115 

8 

115 

220 

27 

9fi 

14 

73 

14 

105 

26 

96 

12 

117 

14 

105 

2 

26 

4 

152 

6 

18 

26 

96 

32 

13 

11 

127 

2 

25 

25 

219 

2 

26 

2 

26 

13 

104-105 

13 

6 

5 

205 

33 

13 

3 

26 

2 

26 

15 

73 

5 

188 

9 

116 

13 

6 

33 

13 

9 

21 

232  Index 

ADVERTISING  (Continued)  S^ubdwrsfon     Page 

School  Department  supplies,  ten  days 2  128 

Stationery  supplies 3  26 

Streets, 

Cleaning  and  sprinkling  proposals 29  97 

Improvement    resolution 3  79 

Opening,  etc.,  of,  ten  days 3  101 

Opening,  notice  to  show  cause 10  104 

Work,  notices  and  resolutions 26  96 

Supplies,  proposals  for,  ten  days 1  24 

Waived  in  case  of  urgent  necessity 14  73 

ADVICE, 

City  Attorney  to  departments 2  58 

District  Attorney  to  certain  departments 2  60 

AFFIDAVITS, 

Bid  for  public  work 16  73 

Contractor,  no  private  agreement 6  82 

Initiative  Petition, 

Denial   of   signature 3      176-177 

Verification  of  signatures 2  175 

Official  bonds 4  214 

Street  work  notices 26  96 

AFFIRMATIONS, 

Clerk  of  Supervisors  to  administer 7  5 

Finance  Committee  administering 3  17 

Officers    administering 24  219 

AGE, 

Employee  disabled  through 714  197 

Fire  Department  members 6      149-150 

Pensions,  Fire  Department 3  155 

Police  officers 3  135 

Retiring  on  pension 2  144 

School  directors 1  124 

AGREEMENTS, 

Contractor,  no  private 6  82 

Mayor,  supervision  of 3  46 

Supplies  or  labor,  registering 9  31 

ALARM  SYSTEM, 

Central  station 6a  206 

Fire  and  police 5  159 

ALLEYS, 

Assessment,  street  work 5-7  84-85 

Defective,  liability,  damage 5  2 

Excavations  in,  proceedings 9  71 

Grade  changes 1  112 

Included  under  term  "street" 26  95 

Opening,  extending,  widening,  etc 1  100 

Open  public  street,  defined 1  77 

Repairs  to  prior  to  acceptance 16  91 

Use,  control  by  Supervisors 2  9 

ALMSHOUSES     3  160 

Establishment,  maintenance  of 11  10 

ALTERATIONS, 

Bids  for  supplies 1  25 

Works  of  art 10  208 

AMBULANCE  SERVICE  3  160 

AMENDMENTS, 

Bills  8  5 

Charter, 

Approval  by  Legislature 1 

Constitutional  provisions 22  8 


Index 


233 


AMENDMENTS  (Continued)  Subd!wsU)'n     Page 

Elections  1 

Legislature,  approval  by,  dates 1 

Petition  for  election 22  7-8 

Supervisors,  majority  vote 22  8 

When  to  take  effect 41  226 

Civil  Service  classifications 2  196 

Complaint,  Police  Court 4  64 

Initiative    petition 3  177 

Ordinances  10  5 

Procedure  ?,  122 

Street  improvement  applications 2  78 

AMUSEMENT  PLACES,  police  office?  detailed  to....  12  148 

ANIMALS, 

Cruelty  to,  fines 19  11 

Running  at  large,  prevention 8  10 

ANNUAL, 

Budget  1-4  30 

Reports 9  217 

Tax  levy 5  31 

APPARATUS  (See  Equipment) 

APPEALS, 

Bonds   on 5  65 

Civil  Service  Commission  against  dismissal 12  200 

Police  Court 2  64 

Police  Court,  service  of  papers 9  66 

Street  assessment k 4  81 

Street  assessment  to  Supreme  Court 12  88 

APPLIANCES, 

Cleaning  streets 13  10 

Electric,  charge  of  Department  of  Electricity 6  159 

Street  sprinkling  and  cleaning 29  97 

APPLICATIONS, 

Additional  deputies,  clerks,  etc.,  to  Mayor 35  223 

Franchise   grant 6  18 

Pension,    Fire   Department 3  155 

Street    improvements 2  77 

Street  railway  franchises 6  18 

APPOINTMENTS, 

Additional  employees,  when   and  how 35  223 

Arbitrators,   franchise   purchase 7a  37 

Auditor,  by 2  47 

Bailiffs  2  62 

Board  of  Education 1  124 

Board  of  Health 5  161 

Board  of  Public  Works 1  68 

By  Mayor, 

All  those  not  otherwise  specified 4  46 

Under  new  charter,  when  to  be  made 36  223-24 

Census    marshals 7  126 

Certified  list,  must  be  made  from 10  198 

Chief,  Department  of  Electricity 2  159 

Chief  of  Police 1  139 

Citizenship     requisite 2  215 

City   Attorney 5  59 

City  Engineer 11  72 

Civil  Service, 

Commissioners    1  195 

Employees  prior  to  charter  amendment  with- 
out examination 11      199-200 

Notice  to  Commissioners 13  201 

Rules   3  196 


234 


Index 


Section  or 

APPOINTMENTS  (Continued)  Subdivision     Page 

Clerk   to    Supervisors 1  4 

Compensation  for  obtaining,  prohibited 7  216 

Coroner  2  56 

County  Clerk 2  61 

Department   of   Electricity 2-3  159 

Disqualified  official  or  employee,  when 6  216 

District  Attorney 3  60 

Election    Commission 1  163 

Elections  Department 4  164 

Emergency  10  198 

Finance  Committee 3  16 

Fire    Commissioners 1  149 

Fire  Marshal 1  153 

Geary  street  railroad  employees  preferred  for lib  200 

Health  Department 5  161 

In  writing  in  duplicate 22  219 

Interpreters  in  Courts 1  58 

Jail  employees .•—. .           2  62 

Janitors,  public  buildings 4  71 

Justices'    Court l 1  62 

Justices  of  Peace  to  act  as  Police  Judges 12  66 

Laborers,  by  priority  of  application 5  197 

Municipal    Railway,    preference    for    former    em- 
ployees     : lib  200 

Park  Commission 3  204 

Police, 

Commissioners    '. 1  135 

Matrons  4  137 

Officers  3  135 

Surgeon  7  137 

Political  qualifications  not  required  for 1^/.  215 

Public  Works  Board,  heads  of  departments  and 

employees    13  73 

Registrar  of  Voters 3  164 

Residence   in   city 2  215 

San  Francisco  Hospital 6-9  161 

School    Directors 1  124 

Stealer,  weights  and  measures .-. 1-2  57 

Sergeant-at-Arms  1  4 

Sex  to  be  disregarded,  when 9  198 

Sheriff  2  62 

Special    Police    officers 4  137 

Storekeeper  32  98 

Successors  to  suspended  officers 18  218 

Superintendent  of  Schools 2  129 

S'uspension,  during  period  of 18  218 

Supervisors'  employees 1  4 

Teachers    2  125 

Temporary,  limited  to  sixty  days 10      198-199 

Vacancy,   Mayor  to  fill 4  46 

Warrant    and    Bond    Clerks 5  65 

APPORTIONMENT, 

Balances  to  ensuing  fiscal  year 5  36 

Receipts  by  Auditor 10  41 

Taxes  : 11  23 

APPRAISEMENTS,  sale  of  City  lands 9  21 

APPROACHES, 

Approving  designs  of 10  208 

To  tunnels,  land  for 2  122 


Index  236 

Section  or 

Subdivision  Page 
APPROPRIATIONS, 

Advertising,  official 13  6 

Aquarium,  public 43  15 

Budget  4  31 

Cruelty  to  animals,  fines 19  11 

Demands  to  specify 7  48 

Elections,  special  fund 14  180 

Exempt  firemen,  relief 36  13 

Firemen's  relief  fund 7  157 

Fourth  of  July  celebration... 18  11 

Initiative  petition,  investigating 3  177 

Law  Library 1  67 

Library  purposes,  city  real  estate  for 7  134 

Mayor's  contingent  fund 35  13 

Memorial  Day  celebration 18  11 

Money  to  be  drawn  only  by "  6  31 

One-Twelfth  Limit, 

Exemptions 9  32 

On  expenditures  from 9  31 

Parks  6  205 

Playgrounds 10  212 

Police  Relief  and  Pension  Fund 7  146 

Public  utility  earnings,  out  of 1  194 

Steinhart  aquarium 43a  16 

Tax  levy  to  meet 5  31 

Unexpended  Balances, 

Action  by  Auditor 10  32 

Certificate  by  Auditor 10  32 

Monthly    9  31 

Weekly  statements 10  32 

Urgent  necessities  fund 8  31 

Veto  separate  items  by  Mayor 14  6 

Warrants  drawn  only  upon  unexhausted 7  31 

APPROVAL, 

Amendments  to  Charter  by  Legislature 1 

Arches  10  207 

Auditor's  monthly  salary 13  42 

Bas-reliefs ...1 10  207 

Bonds, 

Board  of  Public  Works 4  68 

Franchise  bid  :. 6  18 

Official 1  213 

Charter  by  Legislature 226-227 

Common  School  Fund,  demands  on 13  42 

Demands  19  7 

Auditor   3  47 

Board  of  Education 10  127 

Civil  Service  Commission 19  202 

Departments,    etc 13  42 

Salaries  13  42 

Supervisors 19  7 

Head  of  department  prior  to  Auditor  doing  so  4-5  48 

Deposit  of  public  funds,  security 2  50 

Designs  10  208 

Fences  10  208 

Fountains 10  207 

Franchise  grant 6  19 

Gates  10  208 

Illegal  demands,  penalty 11  217 

Lamps  10  208 


^m 


tndet 


APPROVAL    (Continued)  Subdivision       Page 

Lease  on  city  lands 32  IS 

Memorials 10      207-208 

Monuments    10  207 

Mural  decorations,  by  Park  Commissioners 10  207 

Official  bonds 1  213 

Ordinances  by  Mayor 16  6 

Ornamental  structures,  etc 10  207 

Paintings,  by  Park  Commissioners 10  207 

Park  employees'  bonds 4  205 

Pay  rolls  by  Civil  Service  Commission 19  202 

Plans,  public  buildings 6  71 

Requisitions,  supplies 3  27 

School  house  plans 1  131 

School  lot  lease il  127 

Sculpture 10  207 

Statues   10  207 

Streets,   new : 28  97 

Subdivision    maps 28  96 

Tax  limit,  suspension  of 13  33 

Urgent  necessities,  expenditures  for 8  3L 

Works  of  art 10  207 

AQUARIUM,    public 43  15 

AQUEDUCTS,  water  supply,  lands  for 15  193 

ARBITRATORS,  franchise;  purchase  by  City 7a  37 

ARCHES,  approval 10  207 

ARGUMENTS,  initiative  election 10  179 

ARMY, 

Policemen  and  firemen  retain  pension  rights 43  226 

Reinstatement  of  eligibles  drafted  into 21  203 

ARRESTS, 

In  parks 7  207 

Police  Court  warrants 4  65 

Tax  collector  and  deputies 2  54 

ART  GALLERY, 

Academy  of  Sciences 12  208 

Gifts  to  and  control  over , 6  206 

ART,  WORKS  OF,  acceptance  and  location 10  207 

ASSEMBLY  DISTRICTS,  rotation  of  names  on  ballot  11  169 
ASSESSMENT  DISTRICTS, 

Objections  by  property  owners 4  102 

Opening,  etc.,  streets 7  103 

Opening,  widening,  etc.,  of  streets 2  101 

Petition,  property  owners 4  79 

Property  owners  doing  street  work 19  75 

Resolution  of  intention 2  101 

Street  grade  changes 1      112-113 

ASSESSMENT  ROLL, 

Assessor    making 2  54 

Change  of  grade , 11  117 

Opening,  etc.,  of  streets 12  104 

ASSESSMENTS, 

Advertising    13  6 

Assessor,  charge  of 2  54 

Books  and  stationery 3  26 

Bridge  construction 2  122 

Bridges   1-4      121-123 

Change  of  grade 11-17      117-120 

Closing,  etc.,  of  streets 1-19     100-109 


Jndex  237 

ASSESSMENTS  (Continued)  SuMivrsfon     Pago 

Collections, 

By  Board  of  Public  Works 14  105 

By  Tax  Collector 2  54 

Deposit  daily  in  treasury 17  218 

Deficiency  in  fund 16  109 

Delinquent 13-14  105 

Delinquent,  change  of  grade 12  117 

Districts  (see  Assessment  Districts) 

Error  not  affecting  validity 9  103 

Fifty  per  cent  of  value 8  83 

Fund,    special 8  107 

Interest  on 29V.  221 

Grade  change 5  114 

Limitation   on 8  83 

New.  making _ 11  104 

Opening,  etc.,  of  streets 1-19      100-109 

Ordinances  levying 13  6 

Political  purposes,  for 32  223 

Redemption,  property  sold  on  delinquent 1  105 

Revolving  fund 29^2  221 

Roll,    assessment 12  104 

Sewers  and  drains 2  83 

Sewers  on  street  conditionally  accepted 23  94 

Streets  (see  Streets) 

Subways  1-4      121-123 

Supplementary  assessment 18  109 

Surplus  in  fund 18  109 

Ten-year  installment  payments 1      100-101 

Tunnels  1-4      121-123 

Viaducts  1-4      121-123 

ASSESSOR, 

Assess  property  as  prescribed  by  law 2  54 

Ballot,  arrangement  of  office  on 10b  168 

Election, 

To  office 1  53 

When  1  164 

Employees, 

Appointment    of 1  54 

Extra 1  54 

Salaries  1  54 

Under  civil  service  and  exempt 11  199 

Exnenditures.  one-twelfth  limit  on,  exempted 9  32 

Official  bond 2  213 

S^alary  of 1  54 

Sale  of  city  lands,  Board  of  Appraisement 9  21 

Term  of  office 1  53 

ASSISTANTS. 

Chief  Engineer,  Fire  Department 1  158 

City  Attorney 5  59 

Department  of  Electricity 3  159 

District  Attorney 3  60 

Extra,  employment  of 12  42 

Libraries,   Public 3-6  134 

ATTENDANCE, 

Auditor,  daily  at  office 1  47 

Fire  Marshal,  at  fires 2  154 

Meetings,   compelling , 3  4 

Schools,  compelling 4  125 

Treasurer,  daily 2  50 


238  Index 

Section  or 

Subdivision  Page 
ATTORNEYS, 

City  Attorney 1  58 

District  Attorney 1  59 

Exemption  from  civil  service  11  199 

Fees,  recoverable  by  contractor  in  street  assess- 
ment action 15  90 

Police  Court  rules ' 64 

Police  officer's  trial 3  142 

Special  for  Auditor 2  47 

Special  for  Sheriff 2  62 

Warrant  and  Bond  Clerk 5  65 

AUCTION, 

Lands  owned  by  City 9  21 

Unclaimed    property 3  143 

AUCTIONEERS, 

Permits  9  138 

Supervision  of,  Chief  of  Police 7  140 

AUDITOR, 

Absence  of  employees 6  48 

Accountant  of  City  and  County 1  47 

Accounts, 

How  kept 3-4  47-48 

Of  officers,  adjusting  monthly 8-10  41 

Action  to  recover  City's  money  or  property 14  43 

Appointments, 

By  : 2  47 

Filed    with 22  219 

Approve  demands,  shall  not,  when 4  48 

At  office  daily 1  47 

Attorney,  allowance  for  snecial '^  ^7 

Ballot,  arrangement  of  office  on 10b  168 

Bonds, 

Auditor,    amount 2  213 

Auditor,  approval  by  Mayor 1  213 

Board  of  Public  Works 4  68 

Official,  approval  of 1  213 

Official,  filed  with 1  213 

Park  employees 4  205 

Playground  employees 3  210 

Redemption    of 7  37 

Budget  estimates 1-2  30 

Certificate  of,  on  contracts 10  32 

Civil  service,  employees  under  except  chief  deputy  11  199 

Claimant  to  be  sworn  as  to  claim 6  48 

Common    school    fund,    segregation    annually   for 

salaries  9  126 

Contracts, 

Endorsement  on 10  32 

Payments  due  on 10  32 

Counting  boards,  elections 19  172 

Demands, 

Action  in  order  of  registration 8  48 

Allowing  , 13  42 

Drawn  by 6  31 

Endorsing 7  48 

Form  of : 39  14 

Not  allowable,  when 5-6  48 

Numbering  and  recording 4  47 

On  Treasury,  must  know  every 1  47 

On  Treasury  to  be  audited  by 3  47 


Judex 


239 


AUDITOR    (Continued)  Subdivision      Paee 

Deposits  of  public  funds  in  banks 2  50 

Deputies   2  47 

Deputy,  chief,  appointment,  etc 2  47 

District  Attorney,  statements 2  60 

Election  by  people 1  47 

Election  of.  at  what  time 1  164 

Election  officers 19  172 

Endorse  "Allowed"  on  approved  demands 7  48 

Extra  assistants,  payment,  demands  of 12  42 

Extra    clerks 2  47 

Firemen's  Relief  fund 8  157 

Four-year  term 38a  225 

Head  of  Finance  Department  of  City 1  47 

Interest  rate  on  deposits  in  banks 2  50 

.Joint  custodian  of  public  funds 3  52 

Licenses  to  Tax  Collector,  delivery 5  55 

Mileage  fees,  examining  claims 11  41 

Number  and  .record  demands 4  48 

Office  for  two  years,  hold 1  47 

Official  bonds,  approval  of 1  213 

Outside  of  City,  payments  for  work 9  49 

Park  employees'  bonds 4  205 

Pay  rolls,  certification  by  Civil  Service  Commis- 
sion    19  202 

Playground  employees'  bonds 3  210 

Police  Relief  and  Pension  Fund..: 9  147 

Police  Relief  and  Pension  Fimd  report 13  148 

Receipts, 

Reports  on  and  investigations  into 41 

Stubs,  custody  of 5  40 

To  officers,  furnishing  blank 5  40 

Register  of  demands,  keeping  official 8  48 

Safe,  joint  custody 3  52 

Salaries, 

Auditor's  1  47 

Auditor's 13  42 

Deductions  from  for  absence 6  48 

Demands,  allowing  13  42 

Demands,    approval    by    Civil    Service    Com- 
mission before  action  by 19  202 

School  Department, 

Funds  9  126 

Salary  roll  10  127 

Shortage  in  treasury,  not  responsible  for 3  52 

Sickness,  chief  deputy  to  represent 3  52 

Teachers'  salaries  9  126 

Treasurer's 

Monthly  report ". 8  41 

Receipts    4  53 

Treasury, 

Must  know  condition  of 1  47 

State  condition  of  to  whom 1  47 

Unexpended   balances   10  32 

Warrants, 

•  Forms  in  which  to  be  drawn 39  14 

To  be  drawn  by 6  31 

Withholding  money  to  meet  contract  payments. ...  10  32 
AUDITORIUM, 

Erection  in  Civic  Center 10  23 

Ownership  to  be  vested  in  municipality 10  23 


240 


Index 


Section  or 
Subdivision      Page 

AUXILIARY  FIRE  PROTECTION  SYSTEM, 

Age  limit  not  applying  to  employees 6  150 

Pension  benefits  not  applying  to  employees 6  150 

AVAILABLE  SOURCES  OF  WATER  S^UPPLY 1  186 

AVENUES, 

Control  of  Board  of  Public  Works 1  70 

Defective,  liability,  damages 5  2 

Grade  changes 1  112 

Opening,  extending,  widening,  etc 1  100 

Repairs  to  prior  to  acceptance 16-17  91-93 

Subway,  tunnel  and  viaduct  construction 1  121 

Works  of  art 10  207 

AWARDS, 

Bonds,  redemption  of 7  37 

Contracts,  change  of  grade 9  116 

Contracts  for  supplies  1  24 

Fire  Department  contracts  4  152 

Franchise,  street  railway 6  18 

Lowest  bidder  1  24 

Official  advertising,  contracts  2  25 

Public  Work  contracts  17  73 

Street  rvipair  contract  16  92 

AYES  AND  NOES   (See  Voting) 


B 

BADGES,  Fire  Department  5 

BAGGAGE,  transportation  of  7 

BAGS,  gold  and  silver  kept  in 3 

BAIL  MONEY  5 

BAILIFFS, 

Appointed  by  Sheriff 2 

Police  Court  14 

BALANCES, 

Auditor,  weekly  statements 10 

Carrying  forward  to  ensuing  fiscal  year 5 

Contract,  unexpended  appropriation  to  meet 10 

Street  excavation  deposits 9 

Surplus  fund,  transfer  to 16 

Transfers,  new  charter  37 

Unnecessary  funds  38 

BALLOTS   (See  Elections) 
BANKS, 

Deposit  of  public  funds  in 2 

Work  outside  of  city 9 

BAS-RELIEFS,  approval  10 

BATTALION  CHIEFS,  Fire  Department 1 

BELT  LINE,  spur  tracks  3 

BENEFITS, 

Assessment,  crossings,  etc.,  not  at  right  angles....  2 

Assessment,  opening,  etc.,  of  streets 1 

Change  of  grade  3 

Opening,  etc.,  of  streets 6 

Street  assessment  11 

BEQUESTS, 

Art  Gallery 6 

City  and  County  of  San  Francisco 1 

Museum,  articles  for 6 

Playgrounds  , 6 


140 

9 

52 

65 

62 

67 

32 
36 
32 
71 
34 
224 
225 


50-52 

49 

207 

158 

9 

78 
100 
114 
102 

87 

206 

2 

206 

211 


I^dex 


241 


BEQUESTS    (Continued)  Subdivision      Page 

Public  Library  3-4  133 

Public  parks  8  207 

Public  schools  12  127 

Steinhart,   Ignatz  43a  15 

BIDS, 

Accepting,  power  of  Supervisors 1  24 

Advertising,  cost  of,  bidder  to  pay 9  116 

Affidavit,  genuine  16  73 

Alterations  or  erasures  therein 1  25 

Alterations  or  erasures  therein 16  73 

Bidder  to  make  only  one  bid 16  74 

Board  of  Public  Works, 

Public  work  contracts  17  74 

Repairs  to  streets  16  92 

Bond  sale  10  191 

Bonds,  redemption  of  _ 7  37 

Certified  check  accompanying 1  24 

Certified  check  accompanying 16  74 

Change  of  grade  9  116 

Collusion, 

Affidavit 16  73 

By  officers  4  27 

Penalty    18  75 

Competitive,  supplies  1  24 

Delivery  to  Clerk  of  Supervisors 1  25 

Failure  of  bidder  to  enter  into  contract 1  24 

Failure  of  contractor  5  27 

Fire  Department  supplies  4  152 

Forfeited  check  9  116 

Franchises,  street  railways  6  18 

Incidental  expenses  to  be  paid  by  contractor 9  116 

Lease,  school  property  11  127 

Lowest  bidder,  award  to 1  24 

Official  advertising 25 

Opened  before  bidders  1  25 

Park   contracts  4  205 

Printed  forms  73 

Printing    3  26 

Public  utility  bonds  10  191 

Public  work,  advertisement  and  notice 15  73 

Readvertising  for  5  27 

Rejection  of  1  24 

Repairs  to  streets 16  91 

Sale  of  city  lands  9  21 

School  Department  supplies  2  128 

Separate  for  certain  articles 1  24 

Stationery  for  public  offices 3  26 

Street  cleaning  and  sprinkling 29  97 

Supplies  for  departments  1  24 

BILLS, 

Advertising  of 13  6 

Amendment  not  to  change  original  purpose 8  5 

Failure  to  pass  12  6 

Final  passage 12  6 

Franchise  grants  12  6 

Motion  to  reconsider ;...  12  6 

Ordinance,  passage  by  8  5 

Publication  of  13  6 

BIRTHS,  registration  by  Board  of  Health 4  161 


242  Index 

Section  or 
BLOCKS,  Subdivision      Page 

Defined    26  95 

Five  blocks,  each  end  of  tunnel,  etc.,  joint  use  of 

tracks    5  123 

New  subdivisions  28  96 

Quarter  block  26  95 

Ten  blocks,  joint  use  of  tracks 27  12 

BOARDS, 

Board  of  Appraisement 9  21 

Board  of  Arbitration  7a  37 

Board  of  Education  (See  Education,  Board  of) 
Board  of  Election  Commissioners  (See  Elections) 

Board  of  Equalization,  members  of 2  16 

Board  of  Fire  Commissioners    (See  Fire  Depart- 
ment) 

Board  of  Fire  Pension  Fund  Commissioners 1  155 

Board  of  Freeholders 227 

Board  of  Health  (See  Health  Department) 
Board  of  Police   Commissioners    (See   Police   De- 
partment) 
Board  of  Park  Commissioners   (See  Parks) 
Board   of  Playground   Commissioners    (See   Play- 
grounds) 

Board  of  Police  Pension  Fund  Commissioners 1  144 

Board  of  Public  Works  (See  Public  Works,  Board 

of) 
Board  of  Supervisors   (See  Supervisors) 

Bonds,  official  2  213 

Books, 

Compelling  production  of 24  219 

Open  to  public  13  217 

Budget  estimates  1  30 

City  Attorney  to  advise  2  58 

City  Planning  Commission  42  14 

Civil  Service  Commission  (See  Civil  Service) 

Civil  Service,  employees  under  and  exempt 11  199 

Classification  of  members  23  219 

Custody  of  records 12  217 

Demands,  approval   13  42 

Department  of  Electricity,  joint 1  159 

Deposit  daily  of  moneys  collected 17  218 

Election  officers,  precincts  18  170 

Employees, 

Number,  how  limited 5  216 

Removal  of  employees  21      218-219 

Liabilities  on  Treasury,  contracting 9  31 

Mayor,  supervision  by  2  45 

Public  Library  Trustees   (See  Libraries) 

Reports,  annual,  to  Mayor  9  217 

Salary  demands,  approval  13  42 

Seals  for  23  11 

BOATS   (See  Fire  Boats) 
BONDS, 

Additional,  may  be  required  of  officials 5  214 

Appeal   5  65 

Assessor,  official   2  213 

Auditor,  official  2  213 

Bail    5  65 

Bequests,  parks,  investment  8  207 

Bids,  redemption  of  7  37 


Index 


243 


Tiz-wxTf-wa    //-.      X-         jx  Section  or 

BONDS    (Continued)  Subdivision      Page 

Board  of  Education,  official  2  213 

Board  of  Public  Works, 

Commissioners 2  213 

Officers  and  employees  4  68 

Cancellation,  unsold  bonds  10  191 

Change  of  grade  bid 9  116 

City  Attorney,  official  2  213 

City  buying  2  52 

Clerk,  Board  of  Supervisors,  official 2  213 

Commissioners    2  213 

Contractors  for  public  works 15  73 

Contracts, 

Board  of  Public  Works 21  76 

For   supplies  1  24 

Payments  on  10  32 

Conversion,  coupon  to  registered  bond 10  192 

Coroner,  official  2  213 

Countersigning  of  11  192 

County  Clerk,  official  2  213 

Coupons  on 10-11  192 

Denominations    10  190 

Deposit  of  public  funds  in  banks 2  50 

Deputies,  etc.,  may  be  required  to  give 7  214 

District  Attorney,  official  : 2  213 

Flection    6-8      189-190 

Election  Commissioners  2  ?13 

Exempt  from  taxation  10  190 

Exposition    29a     221-222 

Fire  Commissioners   2  213 

Fire  Department  contracts  4  152 

Forfeited  and  prosecuted  on 9  116 

Form  of 10  190 

Franchise  bid,  street  railway 6  18 

How   sold 10      190-192 

Indebtedness, 

How  incurred 29  220 

Limit  of  9  190 

Interest, 

Above  dollar  limit 11  33 

Funds  for  2  30 

Payment  12  193 

Rate   10  190 

Supervisors  to  provide  14  34 

Liability, 

Head  of  department 6  214 

Officers   6  214 

Library,  Supervisors  authorizea  to  sell  below  par  10a  192 
Limit. 

Of    indebtedness 9  190 

Outside   of   291/,         221 

Mayor,   official   2  213 

Officers   1  213 

Official, 

Amounts   of 2  213 

Approved,  executed,  record  of 1  213 

Bonds  3  17 

Conditions   in    3  214 

Examination  by  Finance  Committee 3  17 

Panama-Pacific  International  Exposition 9  190 


•244  Index 

BONDS    (Continued)  Subdivision      Page 

Panama -Pacific  International  Exposition 29a     221-222 

Par, 

For  sale  under 10a  192 

To  be  sold  at  not  less  than 10  191 

Parks  Department  employees 4  205 

Payable  at  treasury  11  193 

Playground  employees  3  210 

Police  Commissioners 2  213 

Police  Court  actions 7  64 

Preference  to  smallest  subscribers 10  190 

Premium  on,  to  be  paid  by  City  and  County 2  213 

Printing  contracts  3  26 

Proceeds  from  sale  of  10  191 

Proceeds  from  sale  of  29  220 

Property  Clerk,  Police  Department 2  213 

Public  Administrator,  official  2  213 

Public  buildings  and  improvements  29-291/.  220-221 

Public  Utility, 

Acquisition     of 4-16      188-193 

Earnings  paying  interest  and  sinking  fund...  1  194 

Recorder,  official  2  213 

Redemption, 

Above  dollar  limit 11  33 

Proposals    : 7  37 

Supervisors  to  provide  for 14  34 

Registering  of 10  192 

Revolving  fund  29i/.  221 

Sale  by  Supervisors  10  191 

School  Directors,  official  2  213 

SherilT,  official  2  213 

Signatures  of  officials  : 11  192 

Special   elections   6-8      189-190 

Storekeeper    32  98 

Street   improvement   29V2  220-221 

Street  railway  franchise,  purchase 7a  38 

Superintendent  of  Public  Schools,  official 2  213 

Supervisor,  each,  official  2  213 

Supervisors,  majority  vote  7a  38 

Sureties  on,  number  of,  worth  of,  etc 3-4  214 

Surplus  fund,   liquidation   of 3         •      36 

Surplus  over  issue,  transfer  of 10  191 

Tax  Collector,  official   2  213 

Tax  for  payment  of : 12  193 

Treasurer, 

Liability  on  official 4  40 

Official    2  213 

Unsold  bonds,  sale  by  Treasurer 10  191 

Warrant  and  Bond  Clerk,  Police  Department 2  213 

BONDSMEN,  Police  Court  actions 6  64 

BONUS,  franchise  street  railway,  purchase  by  City....  7a  37 
BOOKS, 

Accounts,  Auditor,  charge  of 1  47 

City  Attorney  4  59 

Committees,  etc.,  compelling  production  of 24  219 

Contracts,  entering  5  27 

Custody  of  records  2  56 

Departmental  supervision  by  Mayor 2  45 

Finance  committee  examining  3  16 


Index 


!>4; 


V*.  t-        ^        .  Section  or 

BOOKS   (Continued)  Subdivision 

Law  Books, 

Chief  of  Police 4 

City  Attorney  4 

Open  to  public 13 

Police  Commission  ordering  production  of 8 

Police  Court  .' 1 

Public  Libraries  2 

Public  utilities  owned  by  City 3 

Religious  or  sectarian 1 

Storekeeper    " 32 

Street   railways,  experting 6 

Superintendent  of  Schools,   purchasing 5 

Surrender  of  by  official 3 

Text  books,  school  5 

Transfer  of,  when  charter  takes  effect 12 

BOULEVARDS, 

Control  of  Board  of  Public  Works 1 

Franchises,  street  railways,  barred 6 

Street  railroads  25 

Supervisors,  power  to  designate  25 

BOUNDARIES, 

Assessment    district 5 

City  and  County  of  San  Francisco 2 

BRANCH  LIBRARIES,  establishing 7 

BRIBERY. 

Disqualifies  for  office 15 

Prohibited    8 

BRIDGES, 

Approaches    10 

Assessment  to  meet  cost  1-4 

Designs,  approval  of  10 

Five  blocks  approaching  each  end,  joint  use  of 

tracks    5 

Levying  assessment   2 

Purchase  or  condemn  lands 2 

Street  railway  over,  operation  municipal  or  pri- 
vate, singly  or  jointly  5 

Supervisors  ordering  construction 1 

BUDGET, 

Auditor's    estimate 2 

Contents,  and  action  on , 3 

Elections,  special  fund  14 

Estimates  by  departments  .*. 1 

Filed  with  Auditor  4 

Firemen's  Relief  Fund  7 

Hearing,  taxpayers  3 

People,  vote  of,  added  liabilities  13 

Playgrounds     /. 10 

Police  Relief  and  Pension  Fund 7 

Signed  by  officials  4 

Supervisors, 

Majority  vote 3 

Making    3 

Vote  to  overcome  veto 3 

Tax  levy  to  provide  for 5 

Veto  in  whole  or  part  by  Mayor 3 

BUENA  VISTA  PARK,  Jurisdiction,  Park  Commis- 
sion     —.  1 


Page 

139 

59 

217 

137 

61 

133 

194 

129 

98 

19 

130 

214 

129 

217 

70 
17 
12 
12 

81 

2 

134 

218 
216 

208 

121-123- 

208 

123 
122 
121 

123 
121 

30 
30 

180 
30 
31 

157 

30 

33-34 

212 

146 
30 

30 
30 
30 
31 
30 

204 


246 


Index 


BUILDINGS,  Subdivision      Page 

Construction  of,  supervision 5  71 

Department  of  Electricity,  supervision 6  159 

Destruction  to  checl^  conflagration 3      152-153 

Electrical  wires  and  appliances  6  159 

Encroachments  on  sidewalks  of,  prohibited 1  70 

Fire  limits  .•. 5  9 

Heat,  supervision  6  159 

Lighting,  supervision 6  159 

Moving  through  streets,  permits  for 1  70 

Panama-Pacific  Exposition  .'. 37  13 

Parks  6  205 

Playgrounds  5  211 

Public  buildings  (See  Public  Buildings) 

State  building,  Civic  Center 10  23 

State  exposition  building,  Golden  Gate  Park 9  207 

Streets,  use  of,  material  for  construction 1  70 

Unsafe  structure,  Supervisors,  power -..  6  9 

Wooden,  restriction  within  certain  limits 5  9 

BUREAUS, 

Supplies    38  .      14 

Weights  and  Measures  1-3  57 

BUSINESS, 

Permits  by  Police  Commissioners 9  138 

Exemptions  from  license  taxes 15  10 

C 

CALENDAR, 

Arrests    13  66 

Police    Court 10  66 

CALIFORNIA  ACADEMY  OF  SCIENCES, 

Bequest,  Ignatz  Steinhart 43a  15 

Museum  in  Golden  Gate  Park 12  208 

CANALS,  water  supply,  lands  for 15  193 

CANCELLATION, 

Bonds    unsold 10  191 

Coupons  on  bonds 10  192 

Paid  demands ; 6  53 

CANDIDATES, 

Bribing  prohibited 8  216 

Civil  Service  positions,  certifying 9  198 

Municipal  officers 1-12      165-170 

Policemen  and  firemen  to  abstain  from  helping....  32  222 

Recall  electioi;! 5  183 

CANVASS  OF  RETURNS,  municipal  elections 1^      171  l'^^ 

CAPPING,  included  under  what 26  95 

CAPTAINS, 

Fire   Department 1  153 

Of  detectives 6  141 

Of  police 1-2  140 

CARRIAGES,  hackney,  regulation  of 7  9 

CARRIERS,  regulation  of 7  9 

CARS, 

Permits,   spur  tracks 3  9 

Regulation  of,  in  streets 27  12 

CAUSE, 

Fire  Department,  only  reason  for  dismissal 7  150 

Health  Department,  no  removal  without 5  161 

Of  all  fires,  investigation 4  154 

Removal  only  for,  civil  service  provision 12  200 

Suspensions  and  removals  of  officers 18-20  '  218 


^Index 


247 


Section  or 
Subdivision      Page 

CELEBRATIONS,  appropriations  for  18  11 

CELLARS,  under  sidewalks,  permits 1  70 

CENSUS  MARSHALS,  school 7  126 

CERTIFICATES, 

Acceptance  of  work 22  77 

Assessments,  completion  of 13  105 

Auditor,  indorsement  on  contract 10  32 

City  Engineer,  by : 11  72 

Civil  Service  certification 9  198 

County  Clerk,  documents 3  fil 

Credits  to  owners  for  grading 9  85 

Election  returns 19  172 

False,  labor  performed  or  supplies  furnished 4  27 

Initiative    petition 3  177 

Xew  Charter  by  Board  of  Freeholders 227 

Paving,  railroad  tracks 24  95 

Pay  rolls  by  Civil  Service  Commission  to  Auditor  19  202 

Pension,  F^re  Department 4  155 

Pension,  Police  Department 3  145 

Public  utilities,  acquisition,  petition 3  187 

Resolution  of  intention,  opening,  etc.,  of  streets....  3  101 

Revocation  of 3  130 

Sale  on  delinquent  assessments 3  106 

Sponsors,  candidates  for  office 5-6      166-167 

Street  assessments 11  72 

Street  repair,  completion 16  92 

Teachers'   3  125 

Teachers'    1-4  130 

CERTIFIED  CHECK  (See  Check) 

CESSPOOLS, 

Crossing,  hearing  of  objections 4  80 

Expense  of,  assessment  2  83 

Included  in  term  "improvement" 26  95 

Public  Works  Board,  charge  of 2  70 

CHANGE, 

Assessment  roll,  change  of  grade 11  117 

Bid  for  public  work 16  74 

Fire  limits 5  9 

Street    grades 1-17      112-121 

Street  improvement  applications 2  78 

CHARGES, 

City  Engineer 12  73 

Firemen,   against 2  151 

Hearing  by  Civil  Service  Commission 12  200 

Official   bonds 2  213 

Police  officer,  fair  trial 3  142 

Street    railway ". 27  12 

Supervision   of  officer 19  218 

Teachers  2  125 

Written  charges  filed  with  department 12  200 

CHARTER  OF  CITY  AND  COUNTY, 
Amendments  (See  Amendments) 

Approval  of  by  Legislature 226-227 

Board  of  Freeholders  227 

Constitutional  section  providing  for  1 

Full  force  and  effect,  date 1 

Publication  of  : 226 

Special  election  upon  226 

Supersedes  what  laws  227 

When,  becomes  operative  226-227 


248  Index 

Section  or 
Subdivision      Page 

CHECK, 

Bid  for  public  work,  accompanying 16  74 

Bond  sale 10  191 

Certified,  accompanying  bid 1  24 

Change  of  grade  bids 9  116 

.     Contract,  Board  of  Public  Works 21  76 

Guarantee  of  bidder  entering  into  contract 16  92 

Repairs  to  streets,  bid - 16  92 

Return  to  bidder .". 17  74-75 

CHEMICAL  ENGINE  COMPANIES,  of  whom   com- 
posed    1  153 

CHIEFS, 

Department  of  Electricity 2  159 

Engineer,  Fire  Department  (See  Fire  Department) 
Of  Police  (See  Police  Department) 

CHILDREN, 

Attendance  at  school 4  125 

Evening  schools,  not  admitted  to 2  124 

Indigent  school  children 1  131 

Pension,  Fire   Department.. , 5  156 

Pension,  Police  Department 4  145 

CITATION,  initiative  petition,  signer  of 3  176 

CITIZENSHIP, 

Contracts  for  City  and  County 1  25 

Essential  to  employment  by  City  and  County 2  215 

Fire  Department  members 6  149 

CITY  AND  COUNTY  HOSPITAL   (See  Health  De- 
partment) 

CITY  AND  COUNTY  OF  SAN  FRANCISCO, 

Actions  for  or  against 4  2 

Bequests  1  2 

Boundaries  2  2 

Charter  of  (See  Charter) 

Civic  Center  buildings,  ownership 10  23 

Damages,  defective  work,  liability 5  2 

Investing  its  money ' 2  52 

May  receive  bequests  and  gifts 1  1 

Municipal  corporation,  may  hold  property 1-3  1 

Name  1  1 

Powers    1  1 

Public  property  and  rights  of 3  1 

Purchase  of  property  delinquent  on  assessments...           3  106 

Rights 3  2 

Road  track  and  bed  reverting  to 6  19 

Seal  of.  in  whose  custody 7  5 

Term    defined 1  215 

CITY  ATTORNEY, 

Actions,  prosecute  or  defend 2  58 

Advice  in  writing  to  departments,  etc 2  58 

Assistants  and   clerks 5  59 

Ballot,  arrangement  of  office  on 10b  168 

Board  of  Education,  conduct  proceedings  for 8  126 

Bond,  official 2  213 

Books,  etc.,  to  be  delivered  to  successor 4  59 

Civil  Service,  exemption  from 11  199 

Contracts  for  Board  of  Public  Works,  drawn  by....  21  76 

Delinquent  taxes,  collection 3  55 

Deposit  of  public  funds,  approving  security  for 2  50 

Devote  entire  time  to  duties  of  office 1  58 

Duties  in  reference  to  suits 2  58 


Index  24P 

CITY  ATTORNEY  (Continued)                                        s^uMi^sfon  Page 

Election,  qualifications,  term,  salary 1  58 

Election  of,  at  what  time 1  164 

Four-year  term  for  38a  225 

Franchises  forfeited,  actions  to  annul 3  46 

Legal  advice  to  offices,  boards,  etc 2  58 

Litigation,  when  may  settle 2  58 

Opinions,  file  of 3  59 

Police  officer  on  detail  in  office  of 5  59 

Qualifications,  assistants 5  59 

Residence  prior  to  taking  office 1  58 

Records  to  be  kept 3  59 

Recovery  of  City's  money  or  property 14  43 

Salaries,  emplovees 5  59 

CITY  BOARD  OF  EXAMINATION,  members  of,  pow- 
ers and   duties 6  130 

CITY  ENGINEER, 

Appointed  by  Board  of  Public  Works 11  72 

Civil  Service,  exempt  from  11  199 

Fees  of,  to  be  paid  into  Treasury 12  65 

Grading    credits 9  85-86 

Municipally  owned  public  utilities,  work  on 8  71 

Office  held  at  pleasure  of  Board  of  Public  Works..  11  72 

Powers  and  duties 11-12  65 

Public  Utilities, 

Estimate  of  cost 1  186 

Municipally  owned,  work  on 8  71 

Salary  of 12  72 

Serve  City  exclusively 12  72 

Street  assessments 11  72 

Water  works  and  sources,  estimates 1  186 

CITY  PLANNING,  commission,  establishment  of 42  14 

CITY  PROPERTY, 

Abandoned    street 27  96 

Bond  issue  for  acquisition 29  220 

Civic    Center 10  22 

Lease  of 32  13 

Leasing  of  school  property 11  127 

Library  purposes,  authorizing  use  for 7  134 

Mission  Creek  lands,  sale  of 9  20 

Officials  not  to  be  interested  in  sale  or  lease 6  216 

Public  Libraries 4  133 

Sale  of 9  20 

Street  work  in  front  of 8  83 

Transfer  to  other  departments 31  13 

Tunnels,  subways  and  viaducts,  lands  for 2  122 

CIVIC  CENTER, 

Auditorium,  erection  of 10  23 

Library,  land  for 10  23 

Opera  house,  erection  of 10  23 

State  building 10  23 

Works  of  art,  approval  by  Park  Commissioners 10  207 

CIVIL  SERVICE, 

Abolishing  or  amending  classifications 2  196 

Abolishing  position,  notice  to  Commission 13  201 

Actions,  Commission  may  prosecute,  for  violation  20  203 
Additional   deputies   and   employees  to  those   in 

Chaiter,  procedure  for  employing 35  223 

Appeal  against  removal 12  200 

Appointee  not  to  have  salary  above  his  grade 2  196 


250 


Index 


CIVIL  SERVICE    (Continued)  Subdivision      Page 

Appointments, 

Emergency,  limited  to  60  days 10  198 

Must  be  made  from  persons  certified 10  198 

Notice  to  Commission 13  201 

Notice  to  Commission 22  219 

Sex  to  be  disregarded,  when 9  198 

To  be  in  writing  in  duplicate 22  219 

Void  unless  in  accordance  with  Civil  S'ervice 

provisions 11  200 

Appropriations  for 1  195 

Army,  eligibles  mustered  into,  resume  position 21  203 

Board  of  Health,  all  appointees 5  161 

Certification  of  appointment,  procedure 9  198 

Changes  in  position 13  201 

Charges  against  employee,  filed  by  whom 12  200 

Citizenship    required    of    all    appointees    except 

experts,  etc 2  215 

Classification  of  positions  according  to  duties 2      195-196 

Classified  Service, 

Employees,   time  of  Charter  amendment  in- 
cluded in  without  examination 11  199 

Promotions  in 8  198 

Commissioners, 

Act  as  examiners 5  197 

Annual  report  of .: 15  201 

Appointment,    oath,    removal,    term,    salary, 

qualifications  1  195 

Compensation    in    consideration    of    appointment 

prohibited  7  216 

Competitive  examination 4  196 

Consolidating    classification 2  196 

Creating  position,  notifying  Commission 13  201 

Demands  for  salaries  must  be  approved  by  Com-  . 

mission   19  202 

Department  of  Electricity 3  159 

Departments  governed  by 11  199 

Deputies,  clerks  and  employees  exempt  from 11  199 

Disabled    employee,    transfer    to    position    with 

lower    salary 1^2         197 

Discourteous  treatment  of  public 12  201 

Dismissal, 

Appeal  against 12  200 

During  probation 10  198 

Disqualification, 

Acceptance  of  gift  from  subordinate 8  216 

Bribery,  malfeasance,  embezzlement,  etc 15  218 

Election  returns,  counting  boards 19  171 

Elections  department 4  164 

Eligible  Register, 

Military  service,  reinstatement  on 21  203 

Placing  on  and  classification 7  197 

Three  names  highest  on  to  be  certified 9  198 

Emergency  appointments  limited  to  sixty  days 10      198-199 

Employees, 

Actual  service  required 33  223 

Of  Commission,  salaries,  etc 17  202 

Under  Civil  Service  rules 11  199 


Index  251 

CIV'IL  SERVICE  (Continued)                                            SuMhTsi^nn  Page 
Examinations, 

Boards,  appointments,  duties 5  196 

Control  vested  in  Commission 5  196 

Laborers,  priority  of  application 5  197 

Mechanics,  rating  on  experience 5  197 

Notice  of  time,  place  and  scope  to  be  pub- 
lished    6  197 

Practical  in  character..: 4  196 

Public,  competitive  and  free 4  196 

Waived,  present  employees.  Charter  amend- 
ment    11  199 

Examiner,  chief,  appointment,  duties,  salary 16  201 

Examiners, 

Designating  5  196 

Exempt  from  Civil  Service '11  199 

Special,  compensation  of 17  202 

Exempt  from,  positions 11  199 

Expenses,  office  rooms,  etc 17  202 

Experts  and  others,  exempt  from  citizenship  and 

residence  requirements 2  215 

Fees  not  allowed 34  223 

Fire   Department 1  151 

Fraud, 

Not  to  be  permitted  in  examinations 18  202 

Removal  from  register  for 9  198 

Geary  street  railway  employees  preferred  for  ap- 
pointment    11  200 

Gift, 

For  position  debars  from  office.... 7  216 

To  public  officers  prohibited 8  216 

Grading  and  regrading  positions  according  to  sal- 
aries and  duties 2  195 

Grounds  for  removal 12  200 

Health  Department,  all  appointees 5  161 

Increases  in  salaries 2  196 

Investigation  of  public  service  by  Commission 14  201 

laborers,  priority  of  registration  of  application...  5  197 

Liability  of  officers  for  illegal  payments 11  217 

Mechanical  trades,  applicants,  how  rated 5  197 

Names  of  candidates  stricken  from  register,  whom  10  198 

Navy,  service  in,  reinstatement 21  203 

New  positions,  designation  and  title 2  196 

Notice, 

Of  appointments,  transfers,  etc 13  201 

Of  time,  etc..  for  examinations 6  197 

Of  position  to  be  filled 9-10  198 

Oaths,  all  officers  have  power  to  administer 24  219 

One  year's  service  qualifies  without  examination, 

when 11^  199 

Outside  city,  persons  employed,  exempt 11  199 

Overtime  pay  not  to  be  allowed  for  more  time 

than  actually  served 33  223 

Pay  rolls  must  be  certified  by  Commission 19  202 

Police  Department 1  144 

Positions,  how  filled 9  198 

Preference  for,  what  employees lib  200 

Probation  of  candidates  for  appointment 10  198 


252  Index 

CIVIL  SERVICE  (Continued)  Subd!??sL     Page 

Promotions, 

Basis    of 8  198 

Not  exceeding  three  names  to  be  certified 8  198 

Notice  to  Commission  13  201 

Ratings  govern  salary  increases 2  196 

Vacancies  in  classified  service  to  be  filled  by  8  198 

Public  examination  4  196 

Public  utility  employees  to  be  retained 11  200 

Purposes  of,  not  to  be  defeated 18  202 

Qualifications, 

Appointees  to  Fire  Department 6      149-150 

Appointees  to  Police  Department 3  135 

To  hold  office  or  position,  general IV2-2  215 

Registers    of    eligibles,    names    may    be  .removed 

from  at  end  of  two  years 10  198 

Registration  of  successful  applicants  in  examina- 
tion       7  197 

Removal, 

For  cause  only,  procedure 12  200 

From  eligible  register  for  fraud,  etc 9  198 

Grounds     for,     incompetence,     intemperance, 

etc 12  200 

Provisions  not  to.  apply  to  public  utility  em- 
ployees      12  201 

Report,  annual  to   Supervisors 15  201 

Residence  required,  except  experts,  etc 2  215 

Resignations,  notice  to  Commission 13  201 

Rules,  adopt  and  print  for  distribution 3  196 

Salaries, 

Actual  service  only 33  223 

Commissioners    1  195 

Commission's    permanent   assistants 17  202 

Demands,  verification  19  202 

Increases  are  dependent  upon  promotion  rat- 
ings      2  196 

In  full  compensation  for  all  services 34  223 

Like  salaries  for  like  duties 2  195 

Lost  during  suspension  period 12  201 

Sealer,  weights  and  measures 2  57 

Secretary    of    Commission,    appointment,    duties, 

salary    : 16  201 

S'ex, 

Does  not  limit  right  to  hold  office 1^4  215 

To  be  disregarded  in  certificate  for  appoint- 
ment,  when   9  198 

Special  examiners,   pay  of 17  202 

Suspension, 

Notice  to  Commission 13  201 

Of  subordinates  for  discipline  12  200 

Temporary  Appointments, 

For  six.ty  days 10  199 

Notice  to  Commission  13  201 

Transfer, 

Notice  to  Commission 13  201 

Of    disabled    employee     to    position    having 

smaller  compensation  714  197 

Treasurer  not  to  pay  salary  unless  approved  by 

Commission    13  202 

Trials  by  Commissiou ,..,.,, ....--—. 12  201 


Index 


253 


Section  or 
CIVIL  SKRVICE    (Continued)  Subdivision      Page 

Two  salaried  positions  cannot  be  held 4      215-216 

Vacancies, 

Notice  to  Commission —  13  201 

To  be  filled  by  promotion 8  198 

Verification  of  pay  rolls  by  Commission 19  202 

Violations  of  civil  service  provisions,  prosecution  20  203 

Weights  and  Measures  Department 2  57 

CLAIMS, 

Auditor  to  require  oath 6  48 

Damage,  change  of  grade 2  114 

Damages,  for,  when  to  be  presented 8  20 

Funds  available  against  9  31 

Materialmen,  bill  not  paid  7  28 

Pension,  Fire  Department 5  156 

Pension,  police  member's  family 4      145-146 

Presentation   for  payment 1  43 

Revival   of  1  44 

Treasurer  only  officer  to  pay 1  39 

Waiver  of  by  failure  to  petition 2  114 

CLASSIFICATION, 

Civil  Service 2      195-196 

Members  of  boards  and  commissions 23  219 

CLEANING, 

Public  buildings 4  71 

Streets, 

Board  of  Public  Works,  special  charge  of 29  97 

Contracts    29  97 

Corporation  store  yard   32  98 

Districts    29  97 

Labor  and  materials  29  97 

Supervisors  to  regulate  appliances 13  10 

CLERK,    BOARD    OF    SUPERVISORS    (See    Super- 
visors) 
CLERKS    (See  Employees) 

CLOSING   OF   STREETS 1-20      100-110 

COBBLE    STONES 32  98 

COLLECTIONS, 

Advertising,  cost  of 14  105 

Check,  street  repair  bid  16  92 

County  Clerk  1  67 

Delinquent  assessments  14  105 

Delinquent  taxes  2-3  55 

Failure  to  account  for 14  43 

Law  library  1  67 

Licenses    2  54 

Street  assessments   8  107 

Treasury, 

Daily  deposit  in 17  218 

Payment   into  1  39 

Taxes  - _ 2  54 

Tolls  for  wharfage  *      2  112 

Tunnel,  subway  a^nd  viaduct  assessments 2  122 

COLLUSION, 

Bids  for  public  work 16  73 

Civil  service  examination,  prohibited 18  202 

Penalty   for   18  75 

With  bidders  on  contracts 4  27 


254  Index 

Section  or 

Subdivision  Page 

COMBINING  PROCEEDINGS  6  123 

COMBUSTIBLE  MATERIAL,  enforcement  of  laws....  4  154 

COMMEMORATION  WORKS,  approval  10  ,  207 

COMMENCEMENT, 

Of  work,  contract  specifying 21  76 

Repairs  to  streets 16  92 

Street  assessment  suit  15  90 

COMMISSARY,  Fire  Department  corporation  yard....  9  150 

COMMISSIONS, 

Abstain  from  taking  part  in  politics 32  222 

City  Planning  42  14 

Civil  Service  under  and  exempt  11  199 

Classification  of  members 23  219 

Custody  of  records 12  217 

Deposit  daily  of  moneys  collected 17  218 

Official  bonds  - 2  213 

Reports,  annual  to  Mayor '. 9  217 

(See  Boards) 

COMMITTEES, 

Compelling  production  of  books,  etc 24  219 

Finance .  Committee 3  16 

COMMON  SCHOOL  FUND, 

Approval  of  demands 13  42 

Balance  to  ensuing  fiscal  year 5  36 

Demands, 

How  paid 10  127 

Approval  by  Board  of  Education 13  42 

Emergency,  additional  funds  3  131 

Money  from  bequests  or  sales  of  property 12  127 

Money  from  leases  11  127 

Outside  dollar  limit  13  33 

Regulations  for  disbursement  of  9  126 

Repairs  of  school  houses  paid  out  of 2  132 

Surplus  in  not  to  go  to  surplus  fund 16  34 

Tax  levy  2  131 

Teachers'  salaries  to  be  paid  from 9  126 

Transfers  of  money  to 3  131 

COMMON   USE   OF  TRACKS 27-28  12 

COMPANIES,  Fire  Department  1  153 

COMPENSATION   (See  Claims,  Fees,  Salaries) 

COMPETITION, 

Bidders  combining  to  prevent , 5  27 

Bids  for  supplies  1  24 

Civil   Service  examinations   '. 4  196 

Park  contracts 4  205 

Promotion  examinations  8  198 

Street  cleaning  and  sprinkling 29  97 

COMPLAINTS, 

City  Attorney 2  58 

Condemnation,  opening,  etc.,  of  streets 16  108 

District  Attorney  2  60 

Liquor  permits  3  137 

Police   Court   3  64 

Revoke  permits.  Police  Commission 9  138 

Warrant  and  Bond  Clerk 5  65 


Index 


255 


Section  or 
Subdivision      Page 

COMPLETION. 

Contract    affidavit 6  82 

Contract  specifying  21  76 

Progressive  payments  on  contracts  before 21  77 

Public  utility  enterprise  14  193 

Repairs  to  streets  16  92 

School  houses  1  132 

Unimproved  portion  of  street 8  85 

COMPROMISE,  litigation  by  City  Attorney 2  58 

CONDEMNATION, 

Easement  16  108 

Error  not  affecting  validity  9  103 

Excess  land  over  actual  requirements 10  22 

Lands,  combining  proceedings  6  123 

Precedence  in  court 16  108 

Property  for  public  use 12  10 

Private  property  for  street  improvement 1  100 

Public  utilities  by  City 1-16      186-194 

Sewers,  lands  for  9  111 

Stay  of  proceedings,  order  of  court 16  109 

Streets,  lands  for  opening,  etc 1-19      100-109 

Subway,   tunnel   and   viaduct   construction,   lands 

for    .  2  121 

Unsafe  structures  6  9 

Water  supply,  lands  for 15  193 

CONDITIONAL  ACCEPTANCE  OF  STREETS 23  94 

CONDUITS. 

Board  of  Public  Works,  control  of 7  64 

Franchise,  no  exclusive  for  laying 5  17 

CONFLAGRATION, 

Destruction  of  buildings  to  check 3  153 

Material   or  apparatus  for 9  150 

CONFLICTING  TITLES  9  103 

CONNECTIONS,  fire  and  police  alarm  system 5  159 

CONSOLIDATION. 

Civil  Service  classifications 2  196 

Schools    : 1  125 

CONSTITUTION  OF  CALIFORNIA, 

Charter   amendments   22  8 

CONSTRUCTION. 

Board  of  Public  Works, 

Control   over , 1  70 

Supervision,  public  buildings  6  71 

Bridges    1  121 

Building,  supervision  5  71 

Drains     1-8      110-111 

Fire  alarm  system  1  159 

Fire  Department  buildings,  supervision 6  71 

Harbors  1  112 

Interest  during  7a  37 

Library   buildings    6  134 

Municipal  public  utilities,  control  of 8  71 

Parks,  structures  in 6  20^^ 

Police  telegraph  and  telephone  system 1  159 

Public  Buildings, 

Bonds  for 29  220 

Supervision    6  71 

Public  libraries  2  133 

Public  utilities  1  186 


256 


Index 


Section  or 

CONSTRUCTION    (Continued)                                                       Subdivision  Page 

Railroad   tracks   ..—  1  70 

School  Houses, 

Emergency  3  131 

Supervision    6  71 

Sewers     1-8      110-111 

Street  railway  commencement  6  19 

Subways,  tunnels,  viaducts  1  121 

Water  works  and  sources,  estimates 1  186 

Wharves   1  112 

CONTEMPT, 

Police   Commission 8  137 

Police  Court 3  64 

Warrant  and  Bond  Clerk  6  65 

CONTINGENT     EXPENSES     (See     Incidental     Ex- 
penses) 

CONTINGENT  FUND,  Mayor  35  13 

CONTINUANCE, 

Police  Court  cases 6  64 

Positions,  former  employees  of  a  public  utility.—  lib  200 

Proceedings  by  Board  of  Public  Works 4  80 

Street  opening  proceedings  5  102 

CONTINUOUS  OPERATION,  franchise  provision 6  19 

CONTRACTOR, 

Bond  to  be  filed  by.—-. 7  28 

Failure,  carrying  out  of  private  contract,   street 

work 19-20  75 

Failure  on  contract  5  27 

Failure  to  pay  bills  7  28 

Street  assessment,  demanding  payment 13  88 

Suing  owner,  necessary  street  assessment 15  90 

Warrants,  street  assessments  12  88 

CONTRACTS, 

Acceptance  of  work 22  77 

Accepting  bid,  power  of  Supervisors 1  24 

Advertising,  cost,  bidder  to  pay 9  116 

Auditor,  indorsement  on  10  32 

Awarding  of  1  24 

Bidder  failing  or  refusing  to  enter  into 16  92 

Bids, 

Rejected  and  proposals  readvertised 5  27 

To  be  opened  before  bidders 1  25 

Board  of  Public  Works, 

Record  and  copies  of 6  69 

Work  under  direction  and  to  satisfaction  of..  22  77 
Bond, 

Board  of  Public  Works 21  76 

Of  contractor  7  28 

Change  of  grade 9  116 

Citizenship  of  person  performing  labor 1  25 

City  Attorney  to  draw 21  76 

Commencement  of  work,  specifying 21  76 

Completion  of  work,  specifying 21  76 

Contents,  what  : 21  76 

Copies  of,  disposition  21  76 

Countersigned  by  Clerk  of  Supervisors 5  27 

Day  labor,  Board  of  Public  Works,  option  of 9  72 

Deposits  to  be  made  with  bids 1  24 

Eight-hour  day  1  25 

Excavation  of  streets 9  72 


Index  257 

CONTRACTS  (Continued)  i^^^^i^  Page 

Exceeding  $250,  subject  to  restrictions 10  32 

Executed  in  name  of  City 5  27 

Extensions  of  time  21  76 

Failure  of  contractor 5  27 

Fire  Department,  provisions  governing 4  152 

Funds  available  against  9  31 

Hours  of  labor,  maximum 1  25 

Incidental  expenses  to  be  paid  by  contractor 9  116 

Lighting  streets  and  public  buildings 6  27 

Lowest  bidder,  award  to 1  24 

Materialmen,  claim  of 7  28 

Materials,  street  work  31  98 

Mayor,   supervision  of  3  46 

Minimum  wage  1  25 

Municipally  owned  public  utilities,  work  on 8  71 

Official  advertising  2  25 

Officials  not  to  be  interested  in 6  216 

Parks,  provisions  governing  4  205 

Patented  pavement  26  96 

Penalty  for  aiding  bidders  4  27 

Printing    3  26 

Prisoners,  supplies  for  .  1  24 

Private  contracts,  street  improvements 19  75 

Progressive  payments  on  21  77 

Property  owners,  street  work 19  75 

Public  utilities,  municipally  owned,  work  on 8  71 

Public   work   14-22          73-77 

Railroad  tracks,  paving  24  95 

Readvertising  for  bids  5  27 

Registering    9  31 

Rejecting  bid,  power  of  Supervisors 1  24 

Repairs  to  streets  16  91 

Repaving,    regrading,    sewering,    etc.,    change    of 

grade 9  116 

Residence  in  city  _ 1  25 

School  supplies  „ 2  128 

Signatures,  Board  of  Public  Works 21  76 

Stationery    3  26 

Storekeeper   32  98 

Street, 

Cleaning  and  sprinkling 29  97 

Excavations  9  71 

Repairs   16  91 

Urgent  repairs  30  97 

Work,  property  owners  19  75 

Sub-contractor,  failure  of 7  28 

Supplies  for  departments  1  24 

Triplicate,  in  21  76 

Under  five  hundred  dollars  without  advertising...  14  73 
Unfinished  portion  private  street  contract,  relet- 
ting    20  75 

Violation  of,  report  3  46 

Withholding  money  to  meet  payments 10  32 

Writing,  to  be  in 5  27 

CONVEYANCE, 

Lands,  by  Supervisors 29  12 

^ale  of  City  lands 9  22 

Signature,  Clerk  of  Board  of  Supervisors 7  5 


258 


Index 


Section  or 
Subdivision      Page 

COPIES,   COPYING, 

Contracts,  Board  of  Public  Works 21  7G 

County  Clerk's  office,  charges  for 3  61 

Public  records,  price  of,  etc 13  217 

Records,  Board  of  Public  Works 21  94 

COPYISTS, 

County    Clerk 2  61 

Recorder,  compensation  1  56 

CORONER, 

Appointments .  by 2  56 

Ballots,  arrangement  of  office  on 10b  168 

Civil  Service,  employees  under  and  those  exempt  11  199 

Deputies,  assistants  and  salaries 2  56 

District  Attorney  to  advise 2  60 

Duties  as  prescribed  by  law 1  55 

Election,  qualifications,  term,  salary 1  55 

Election  of,  at  what  time 1  164 

Four-year  term  for  38a  225 

Interpreters  at  examinations  1  58 

Morgue,  to  have  management  of 1  55 

Official  bond  2  213 

CORPORALS  OF  POLICE 1-5      140-141 

CORPORATION  STORE, YARD, 

Age  limit  not  applying  to  Fire  Department  em- 
ployees   6  150 

Fire  Department  9  150 

Pension  benefits  not  applying  to  employees 6  150 

CORPORATIONS, 

Finance  Committee  examining  books,  etc 4  17 

Opening  streets,  deposits 9  71 

Percentage  of  gross  receipts,  payment  to  City 4  17 

CORPSES,  disposition  of 3  160 

COST, 

Advertising,  collection 14  105 

Change   of   grade 3  114 

Franchise,  street  railway 7a  37 

Public  utility  construction 1  186 

School  houses  2  132 

Street  assessment  action 15  90 

Streets,  opening,  extending,  etc 1  100 

Subway,  tunnel  and  viaduct  construction 2  122 

Water  works  and  sources 1  186 

COUNSEL, 

Auditor's  2  47 

City  Attorney  1  58 

District  Attorney  1  59 

COUNTING  OF  BALLOTS 19-21      171-174 

COUNTY  CLERK, 

Auditor's  bond  filed  with 1  213 

Ballot,  arrangement  of  office  on 10b  168 

Civil  service  employees  under  with  one  exception  11  199 

Clerk  of  Police  Court 10  66 

Copies  of  documents  3  61 

Copyists    2  61 

Court  moneys  for  special  deposit  fund 4  36 

Deputies,  assistants,  clerks  and  their  salaries 2  61 

Election,  term,  salary,  powers  and  duties 1  *    61 

Election  of,  at  what  time 1  164 

Fees  for  copying  and  certifying 3  61 


Index 


259 


COUNTY  CLERK  (Continued)  SubdiJfsro'n     Page 

Four-year  term  for 38a  225 

Law  library,  moneys  collected  under  act 1  67 

Official  bond  2  213 

Police  Court  Clerk  appointed  by 2  61 

Records,  Police  Court  actions 10  66 

COUNTY  JAIL, 

Jailers,  guards,  etc.,  appointment  and  salaries 2  62 

Supervisors  to  maintain 11  10 

COUPONS, 

Cancellation    of 10  192 

Numbering  and  signing 11  192 

Payable  at  Treasury 11  193 

COURTS, 

Bailiffs,    appointment _ 2  62 

Clerks,  appointment  of 2  61 

Condemnation  cases  having  precedence 16  108 

Interpreters,  compensation  20  11 

Interpreters  for 1  58 

Justices'    1  62 

Moneys  paid  into 4  36 

Orders,  condemnation  suits  16      108-109 

Order  to  produce  property  as  evidence 4  144 

Police  Court 1  63 

Reporters,  compensation  2  58 

Stationery  and  printing  3  26 

Stay  of  proceedings  16  109 

Superior  Court  1  58 

CREDITS,  grading  9  86 

CRIME,  fires  as  result  of 4  154 

CROSSINGS, 

Alley  crossing  main  street,  assessment 5  84 

Grades  26  95 

Hearing  objections  4  80 

Included  in  term  "street"  26  95 

Main  street  crossings,  assessment 3  84 

CRUELTY  TO  ANIMALS,  prevention 19  11 

CULVERTS, 

Hearing  of  objections 4  80 

Included  under  what  26  95 

CURBS, 

Bids  and  contracts,  change  of  grade 9  116 

Crossing,  hearing  of  objections 4  80 

Included  in  term  "improvement" *  26  95 

CURRENT,  control  over  6  159 

CUSTODY, 

Accounts  1  47 

Animals  running  at  large 8  10 

Bail  bonds  5  65 

Ballots   _ : 19  171 

Board  of  Public  Works,  street,  etc.,  records 8  69 

Election  returns  19  172 

Financial  affairs  1  47 

.loint  custody  safe  3  52 

Lost,  stolen  or  unclaimed  property » 1  143 

Moneys  in  treasury  3  52 

Ordinances   _ 17  7 

Police  Commission  records  2  138 

Property  Clerk,  certain  property 1  143 

Public  moneys   39 


260 


Index 


CUSTODY  (Continued)  Sub"div"sul^n 

Receipt  stubs  5 

Records  7 

Records  by  Recorder 2 

Seal  7 

Storekeeper    32 

D 

DAILY, 

Auditor,  attendance  at  office 1 

Fees,  payments   into  treasury 4 

Street  work  notices,  etc.,  published 26 

Treasurer  to  take  account  of  money  on  hand 2 

DAMAGES, 

Change  of  grade 3 

City  and  County,  liability,  defective  work 5 

Claims,  when  to  be  presented 8 

Opening,  etc.,  of  streets 6 

Order  of  Court  to  pay  judgment 16 

S'ewer  construction 7 

Streets,   opening,   etc 7-8 

Subway,  tunnel  and  viaduct  construction 2 

Waiver  of  claim 2 

DATA,  public  improvements 10 

DAY  LABOR, 

Excavations  in  streets 9 

Parks,  work  in 4 

Street  cleaning  and  sprinkling 29 

Urgent  repairs  to  streets  under  $500 30 

DAY   OP  REST 2 

DEAD,  disposition  of 3 

DEATHS, 

Board  of  Health  provide  registration  of 4 

Firemen,  pension  to  family 5 

Pension  ceasing  at 2 

Policemen  in  discharge  of  duties 4 

DEBTS, 

Auditor,  supervision  over 1 

Deduction  from  demands .— .  6 

Funded  (See  Sinking  Fund,  Bonds) 

Limit  of  indebtedness 9 

DECISIONS, 

Board  of  Public  Works 4 

Civil  Service  Commission,  charges 12 

Pension,  Fire  Commissioners 5 

Supervisors   5 

DECLARATION  OF  CANDIDACY,  Officers,  munici- 
pal elections 5 

DEDICATION, 

Approval  and  recording  of  subdivision  maps 28 

Streets  1 

Streets  26 

DEDUCTIONS, 

Absence  from  office,  from  salary 6 

Affidavit  by   contractor 6 

Assessment,  from  rent 20 

Debits  from  demands 6 

DEEDS,  delinquent  assessments 12 

DEFALCATION, 

Finance  Committee  reporting  to  Mayor 4 

Suspensions  from  office  for 2 


Page 

40 
5 

56 
5 

98 


47 
40 
96 
49 

114 
2 

20 
102 
108 
111 
103 
122 
114 

72 

72 

205 

97 

97 

158 

160 

161 
156 
144 
145 

47 

48 

190 

80 
200 
156 
102 

165 

96-97 
77 
95 

48 
82 
93 
48 
118 

17 
45 


Judex 


261 


DEFAULT  (See  Failure) 
DEFECTIVE. 

Declaration  of  candidacy 

Sidewalks,  etc..  liability,  damage 

Street  assessment  proceedings 

Titles,  lands  for  opening  streets 

DEFENDANTS,  rights,  Police  Court 

DEFICIENCY, 

Change  of  grade  fund 

Street  assessment  fund 

DELINQUENT, 

Assessment,  opening,  etc..  of  streets 

Tunnel,  subway  and  viaduct  assessments 

DELINQUENT  TAXES, 

Advertising  of  list 

City  Attorney  to  bring  action 

Collection  by  Tax  Collector 

When  

When  collected,  how  can  be  used 

DEMANDS, 

Allowance  by  Auditor 7 

Appropriation,  unexhausted  specific,  to  be  drawn 

only  on 6-7 

Approval, 

By  Board  of  Education 10 

,  By  departments  and  officers 13 

By  Mayor 19 

By  proper  board  before  Auditor 5 

By  Supervisors 19 

Penalty  for  illegal 11 

Auditor. 

Must  know  every 1 

Own  monthly  salary 13 

Recording,  etc 4 

To  approve  and  audit  all 3 

Authority  for,  to  be  shown 13 

Barred,  when 1 

Cancellation  of  paid  ones 6 

Common  school  fund 10 

Deductions  from 6 

Delinquent  revenue,  payment  out  of 6 

Disputed,  adjudicated 16 

Election  officers 19 

Exceeding  $500,  resolutions  to  be  published  five 

days  19 

Exceeding  $200.  to  be  approved  by  Mayor 19 

Extra  assistants 12 

Finance  Committee ' 3 

Firemen's  Relief  fund 8 

Form  of 39 

Fund,  specific,  to  be  shown 13 

Illegal,  approval  of,  penalty 11 

Income  for  current  fiscal  year  only,  to  be  paid 

out  of 13 

Indebtedness  to  city  to  be  deducted  from 6 

Itemization  of 5 

Lighting  public  buildings 6 

Mileage    fees 11 

Money  to  be  drawn  only  by 6 

No  invalid,  to  be  paid ,...,...„..,..,....,...,..,...,        13 


Section  or 

Subdivision 

Page 

5 

165 

5 

2 

12 

88 

19 

109 

3 

64 

15 

119 

16 

109 

14 

105 

2 

122 

2 

26 

3 

55 

2 

55 

17 

35 

6 

36 

48 

31 

127 
42 

7 

48 

7 

217 

47 
42 
47 
47 
42 
43 
53 

127 
48 
36 
34 

172 

7 

7 

42 

16 

157 

14 

42 

217 

43 
48 
53 
28 
41 
31 
34 


262 


Index 


DEMANDS  (Continued)  Subdivision 

Numbering  by  Auditor 4 

One-twelfth  limit  on 9 

Ordinance  authorizing,  etc.,  to  be  cited  on 13 

Outside  of  city,  work 9 

Payment  of  street  assessment 13 

Police  relief  and  pension  fund 7 

Presentation  for  payment  within  one  month 1 

Presented  to  Auditor 7 

Priority  over  another  not  allowed 8 

Register  of,  kept  by  Auditor 8 

Registration,  to  be  acted  upon  in  order  of 9 

Revival  of,  when 1 

Salaries, 

Approval  13 

Payable   monthly 1 

Verification  by  Civil  Service  Commission 19 

School  funds 9 

Specific,  must  be 7 

Street  work,  by  contractors 12 

To  show  what,  before  Auditor  allows 4 

Transfer  from  one  fund  to  another  not  lawful 1 

Treasurer, 

Only  officer  to  pay 1 

Requisites  for  payment 5 

To  make  payments  only  by , 2 

Unauthorized  5 

Unpaid, 

Payment  of (» 

Register    6 

DEMURRERS, 

Police   Court 4 

Police   Court  appeals 9 

DENIAL,  initiative  petition,  signature 3 

DENOMINATIONS',  public  utility  bonds 10 

DEPARTMENTS, 

Increase  through  people.  Legislature,  etc 13 

Records,  keeping  of 41 

Stationery  for 3 

Supplies    38 

Supplies,  contracts  for 1 

Uniform  system  of  accounting 40 

(S'ee  also  Boards  and  Heads  of  Departments) 

DEPOSIT, 

Bond   sale '. 10 

County  Clerk 4 

Daily  in  Treasury,  collections  by  departments 18 

Interest  rate 2 

Ordinances  and  resolutions  with  clerk  of  S'uper- 

visors  17 

Property  Clerk,  money  and  valuables 5 

Public  Administrator 4 

Public  moneys  in  banks 2 

Sale  of  City  lands 9 

Special  deposit  fund 4 

DEPOSITS  OF  PUBLIC  FUNDS, 

Action  to  recover 2 

Bank  returning  at  any  time 2 

Bank  to  furnish  receipt  showing 2 

By  Treasurer,  with  written  consent 2 


47 
31 
42 
49 
89 
146 
43 
48 
49 
48 
31 
44 

42 
43 
202 
126 
48 
88 
48 
35 

39 
53 
49 
53 

36 
53 

64 

66 

176 

190 

33 
14 
26 
14 
24 
14 


191 
36 

218 
50 

7 

144 

36 

50-52 

22 

36 


51 
51 
50 
50 


Index  2G3 


DEPOSIT  OF  PUBLIC  FUNDS  (Continn(*d) 

In  any  bank  not  to  exceed  fifty  percent  of  capital 
stock    

Interest  on  into  general  fund 

Interest  rate 

Not  to  exceed  face  value  of  security 

Receipts  for  to  be  counted  as  cash 

Record  by  Treasurer 

Sale  of  security  by  Treasurer 

Security  for 

Withdrawal    of 

DEPUTIES  (See  Employees) 

DESIGNS,  approval  of  

DESTRUCTION, 

Animals  running  at  large 

Buildings  to  check  conflagration 

Unclaimed   property 

Weapons,  by  Property  Clerk 

DETECTIVES,  Police  Department 

DETENTION, 

Houses  of.  establishment ..... 

Witnesses  and  insane  persons,  places  for 

DIRECTORS,  school 

DISABILITY, 

Civil  Service  provision 

Foremen 

Mayor   

Pension  claim 

Pension.  Fire  Department 

Salary  during 

DISAPPROVAL  (See  Objections) 
DISBURSEMENTS  (See  Expenditures) 
DISCHARGE  (See  also  Dismissal) 

Military  service 

Police  Court  defendants 

Warrant,  street  assessment 

DISCOURTEOUS  TREATMENT  OF  PUBLIC 

DISCRETION, 

Abuse  of  by  Commissioners 

FMre   Commissioners 

Police   Commission 

Supervisors,  change  of  grade 

Supervisors,  tunnel,  etc.,  construction 

DISMISSAL, 

Appeal  to  Civil  Service  Commission 

By  appointing  officer  on  charges 

Civil  Service  Commission,  consent  of 

Civil  Service  provision 

Fair  trial  before 

Firemen,  not  without  cause 

Grounds  for 

Health  Department,  not  without  cause 

Litigation  by  City  Attorney 

Police  Commission,  powers 

Police   Court 

Police  Department 

Soliciting  judge  to  dismiss  case 

Teachers  

DISQUALIFIED, 

Official,  when 

Employee,  how 


Section  or 

Subdivision 

Page 

2 

51 

2 

50 

2 

50 

2 

50 

2 

51 

2 

51 

2 

51 

2 

50 

2 

51 

10 

208 

8 

10 

3   153-154 

5 

137 

3 

143 

6 

141 

11 

10 

10 

10 

1 

124 

IVi 

197 

3 

152 

6 

46 

3 

145 

4 

155 

3 

152 

21 

203 

8 

66 

13 

89 

12 

201 

5 

156 

5 

156 

4-5 

141 

16 

119 

2-4 

122 

12 

200 

12 

200 

10 

198 

12 

200 

3 

142 

2 

151 

12 

201 

5 

161 

2 

58 

1 

136 

1 

64 

3 

142 

3 

64 

2 

125 

6-8 

216 

15 

218 

264 


indeoi) 


Section  or 

Subdivision  Page 

DISRATEMENT,  police  member 3  142 

DISSIPATED, 

Forfeit  right  to  police  pension 5  146 

Forfeiture  of  pension,  Fire  Department 6      156-157 

DISTRICT  ATTORNEY, 

Advice  to  certain  officers 2  60 

Appeals,  Police  Court 9  66 

Assistants  and  clerks 3  60 

Ballot,  arrangement  of  office  on 10b  168 

Board  of  Health,  opinions  to 2  60 

Civil  service,  exemption  from 11  199 

Complaints  and  warrants,  making  out 4  65 

Coroner,  opinions  to 2  60 

Duties  of 2  60 

Election,  qualifications,  term,  salary 1  59 

Election  of,  at  what  time 1  164 

Fires  as  result  of  crime 4  154 

Four-year  term  for 38a  225 

Official  bond 2  213 

Police  Commission  and  Chief,  opinions  to 2  60 

Police  Courts,  assistants  as  prosecuting  attorney           3  60 

Police  Court,  conduct  cases  in 2  60 

Powers  of •. 2  60 

Property  levied  upon  for  fines,  purchase  of 4  60 

Qualifications,  assistants 3  60 

Receipts  for  money,  etc 2  60 

Salaries  of  staff 3  60 

Superior  Court,  assistants  to  prosecute  in 3  60 

Warrant  and  Bond  Clerk,  appointment  of 5  65 

DISTRICTS, 

Assessment  (See  Assessment  Districts) 

Street  cleaning  and  sprinkling 29  97 

DITCHES,  water  supply,  lands  for 15  193 

DIVIDEND,  surplus,  street  assessment 18  109 

DOCKAGE   TOLLS 2  112 

DOCUMENTS, 

Committees,  etc.,  compelling  production 24  219 

Custody  of 7  5 

Recording  2  56 

Surrender  of  by  officials 3  214 

DOG  LICENSES,  police  pension  fund 11  147 

DOLLAR  LIMIT,  tax  levy 11  33 

DONATIONS  (See  Gifts) 

DRAFTED  EMPLOYEES,  reinstatement 21  203 

DRAINS, 

Board  of  Public  Works,  charge  of 2  110 

Board  of  Public  Works  devising  general  pystem..           1  110 

Construction,  Board  of  Public  Works  regulating....  1-2  70 

Connections,   permits 4  110 

Crossing,  hearing  of  objections 4  80 

Expense  of,  assessment 8  83 

Included  in  term  "improvement" 26  95 

Ordinances  110-111 

Rules  and  regulations 3  110 

DRAYMEN,  Fire  Department 1  153 

DRIVERS, 

Fire   Department - 1  153 

Police  patrol iy2  142 


^Index 


265 


DRUNKENNESS, 

Forfeit  right  to  police  pensions 

Forfeituie  of  pension,  Fire  Department 

Ground  for  removal 

Ward.  City  and  County  Hospital 

DUTIES, 

Auditor   

Board  of  Health 

Board  of  Public  Works 

Bond,  official,  condition  in 

Captains  of  police 

Chief  Engineer,  Fire  Department 

Chief  of  Police 

City  Engineer 

Civil  service  classification 

Civil  Service  Commission,  chief  examiner  and 
secretary  

Clerk,  Board  of  Supervisors  

Coroner  

Corporals  of  police 

County  Clerk 

District  Attorney 

Finance  Committee 

Fire   Commissioners 

Fire  Marshal 

Injury  in  discharge  of 

Library  employees _ 

Lieutenants  of  police 

Mayor    

Opening,  etc.,  of  streets 

Public  Administrator 

Recorder  

Registrar  of  Voters 

Sergeants  of  police 

Sheriff  

Sheriff's  deputies 

Storekeeper  

S'uperintendent  of  Schools 

Supervisors  to  enact  in  compliance  with  initiative 
election  

Tax    Collector 

Treasurer  

Warrant  and  Bond  Clerk 

Weights  and  Measures  Department 


Section  or 

Subdivision   Page 

5 

146 

6 

156-157 

12 

201 

8 

161 

1 

47 

3 

160 

7 

69 

3 

214 

2 

140-141 

2 

152 

1-7 

139-140 

11 

72 

2 

195 

16 

201-202 

7 

5 

1 

55 

5 

141 

1 

61 

2 

60 

3 

16 

8 

150 

2-4 

154 

4 

155 

3 

134 

3 

141 

2 

45 

6 

102 

1 

61 

2 

56 

o 

164 

4 

141 

1 

62 

3 

62 

32 

98 

1-6 

129-130 

'    13 

180 

2 

54 

2 

49 

5 

65 

1 

57 

E 

EARNINGS  (See  also  Revenue) 

Public  utility 16      193-194 

Public  utilities,  municipal 12  33 

EASEMENT, 

Condemning 16  108 

Tunnel  construction 2  121 

EDUCATION,   BOARD  OF, 

Acceptance  of  school  houses 1  132 

Actions  at  law 8  126 

Approval  of  demands  on  school  funds 10  127 

Attendance  at  schools,  compelling 4  125 

Bequests   12  127 


266  Index 

EDUCATION,  BOARD  OF  (Continued)  s^ubdi^rsrjn     Page 

Buildings,  construction  and  repair 1-2      131-132 

Census  marshals,  appointment  of 7  126 

Charges  against  teachers  2  125 

Charges,  investigating  5  125 

Class  rooms,  number  of 1  131 

Common  School  Fund  (See  Common  School  Fund) 

Composed  of  four  school  directors 1  124 

Demands,  filing  and  signing 10  127 

Designs,  approval  of 10  208 

Directors, 

Age,  qualifications,  term,  salary 1  124 

Appointed  by  Mayor 1  124 

Entire  time  to  duties ..—  1  124 

Official  bond  2  213 

Politics    1  124 

Disbursement  of  school  money 9  126 

Establish  and  change  schools i  125 

Extra  expenditures,  incurred  when 3  122 

Hold  and  lease  land  for  school  purposes 6  125 

In  charge  of  School  Department 1  125 

Lots,  leasing  of 11  127 

Lots,  purchase  of  3  132 

Meetings  .• 3  12'4 

Outside  lands  school  lots,  value  of 11  23 

Personal  property 6  125 

Powers  in  addition  to  general  laws 1      125-127 

President    2  124 

Report,  Superintendent  of  Schools 2  129 

Report,  yearly  to  Supervisors  3  128 

Rules  and  regulations  4  125 

Salaries, 

Prompt  payment  of 9  126 

Roll    10  127 

Schedule  each  year  4  128 

School    houses,    requisition    on    Board    of    Public 

Works    1  131 

Secretary,  salary 2  124 

Superintendent  of  Schools  a  member  of 1  128 

Supplies,  proposals  for 2  128 

Teachers'  certificates  3  125 

Teachers,  control  over  2  125 

Truancy,  remedying  4  125 

Trust  funds  12  127 

Voting   3  124 

EIGHT-HOUR  DAY, 

Contracts  for  City  and  County 1  25 

Laborers  24  11 

Public  officers   14  217 

Street  railway  franchise  7      138-139 

EIGHTEENTH  STREET,  sale  of  lands 9  20 

ELECTIONS,  ELECTIONS  DEPARTMENT, 

Acquisition  of  public  utilities  4  187 

Appropriations,  special  14  180 

Assembly  districts,  rotation  11  169 

Assessor 1  53 

Ballots, 

Alphabetical  order  of  names '  11  169 

Arrangement  of  offices  on 10a  168 

Charter  amendments,  space  for 13  170 

Choice,  first,  second,  third 10a  168 


Jndex  267 

ELECTIONS,  ELECTIONS  DEPARTMENT  (Cont'd)  sSmsuIh     Page 

Counting  of  19      171-172 

Every  nominee  on  10c  169 

Form   of  16  170 

Heading  on 10a  168 

Identical  in  size,  quality,  tint,  type  and  ink 

color  13  170 

Initiative  petition 6  178 

Instructions  to  voters  10a  168 

Municipal  elections  10a  18S 

Names  of  candidates  in  same  size  type  and 

style  13  170 

No  party  designation  to  appear  on 15  170 

Printing  of 10  168 

Rotation  of  candidates'  names 11  169 

Sample  ballots  17  170 

Spaces  to  be  provided 12  169 

What  shall  contain  10  168 

Writing  choice  in 10a  168 

Boards  of  election  officers,  precinct 18  170 

Bonds, 

Election  not  to  take  precedence  of  initiative 

election   11  180 

Public  improvements   29  220 

Public  utilities  5-15      188-193 

Street   improvement   291/.  221 

Street  railway  purchase  7a  38 

Budget  appropriation  14  180 

Candidates  for  Office, 

Additional,  space  on  ballot 12b  170 

Conditions    4  165 

Declaration  of  candidacy 5  165 

Fees  to  be  paid  by 5b  166 

Nomination,  method  of 5  165 

Rotation  of  names 11  169 

Sponsors   for   5  166 

Statements  of  : 8  167 

Time  of  filing  declaration 5  165 

Withdrawal   of 10c  169 

Canvass  of  returns  19      171-173 

Charter   amendments   1 

Charter  amendments   22  7-8 

Charter   amendments   12  180 

Charter,  new  226 

City  Attorney 1  58 

Civil   Service  provisions  governing 4  164 

Commissioners, 

Abstain  from  political  acts 2  163 

Action,  amendments  by  petition 22  8 

Appointment  by  Mayor  1  163 

Control  and  management  of  elections 1  163 

Demands,  election  officers  19  172 

Five  members  to  constitute  board 1  163 

Majority  vote 4  164 

Meeting  at  call  of  Registrar 3  177 

Official   bonds  2  213 

Politics   governing  appointments 1  163 

President  of  Board  3  164 

Qualifications,  term,  salary,  classification  of....  1  163 

Secretary  of  Board  3  164 


268  Index 

ELECTIONS,  ELECTIONS  DEPARTMENT  (Cont'd)  s^uMivLuIn     Page 

Coroner   1  55 

Counting  of  ballots  19      171-174 

County  Clerk  i  61 

District  Attorney  1  59 

Employees, 

Duties,  compensation,  etc 4  164 

To  be  under  Civil  Service 4  164 

"Entire   vote"   25  174 

Expenditures,  one-twelfth  limit  on,  exempted 9  32 

Failure  of  persons  elected  to  qualify 22  174 

Fees, 

Candidates'  declaration 5b  166 

Candidates'   statement   8  167 

Fire  Department  to  abstain  from  any  acts  in  con- 
nection  with   : 32      222-223 

Franchise    3  46 

Fund,    special 14  180 

General  laws  of  State  governing 5  164 

Increase  in  salaries  4  164 

Informalities  not  invalidating  22  174 

Initiative  (See  Initiative) 

Instructions  to  voters 10a  168 

Judges,  Police  Court  1  63 

Laws  governing  .'. 4  164 

Library  employees  3  134 

Machines,  voting 14  170 

Majorities,  first,  second,  third  choices 19  173 

Majority  vote  defined  21      173-174 

Management  and  control  of  elections 1  163 

Mayor    1  45 

Municipal, 

Provisions  governing 1-25      164-174 

What  officers  elected  at  1  164 

When  to  be  held  1  164 

Officers  38a  225 

Officers  elected  under  Charter,  take  office 2  165 

Pamphlets,   official   8  167 

Petition,    initiative   of   the   people 1-16      174-180 

Police   Department  to  abstain   from  any   acts   in 

connection    with    32      222-223 

Printing  of  ballots  10  168 

Precincts, 

Appointment  of  boards 18  170 

Counting   by    19  171 

Delivery  of  ballot  bpxes  to  Registrar 19  171 

Incompetent   officers,   removal   18  171 

Registration,  to  be  provided  for 5  164 

Sealing  ballot  boxes  and  keys 19  171 

Proclamation    for    municipal 9  168 

Public    Administrator    1  61 

Recall    (See  Recall) 

Recorder     1  56 

Referendum   (See  Referendum) 
Registrar  of  Voters, 

Abstain  from  political   acts 2  163 

Appoint  precinct  boards  18  170 

Appointment  of,  term,  salary,  duties 3  164 

Ballot  boxes,   delivery   to  19  171 

Candidates   for   municipal   office ,..  5-12      165-170 


,  Index  269 

ELECTIONS,  ELECTIONS  DEPARTMENT  (Cont'd)  tfuWivrsrj^ii     Page 

Certificates  to  be  preserved 7  1G7 

Counting    of    ballots 19      171-172 

Declarations   of   candidacy 5  1G5 

Declarations  to  be  preserved 7  167 

Deputies  abstaining  from  politics 2  163 

Duties   of   3  164 

Exempt   from  (jivil   Service 11  199 

Fees  received  by  to  be  paid  into  Treasury....  8  167 

Initiative  petition  2-3      176  17/ 

List  of  candidates  and  vacant  offices  certified 

to    Mayor    9      167-168 

Refusal   to   file  6  167 

Rules,  enforcing 3  164 

Salary  to  be  fixed  annually 24  174 

Secretary  of  Board  of  Election  Commission- 
ers      3  134 

Tally  sheets  19      171-172 

Withdrawal   of  candidates   10c  169 

Registration  governed  by  general  laws 4  164 

Returns,  canvass  of  19      171-173 

Salaries, 

Clerks 4  164 

Commissioners    1  163 

Once  fixed  cannot  be  increased 4  164 

Registrar  of  Voters  3  164 

Sample   ballots   17  170 

Sheriff     1  62 

Special  Elections, 

Acquisition  of  public  utilities 3-4  187 

Calling  and  when,  percentage 4  ITS 

Issue  of  bonds,  proceedings 4-10      187-190 

Municipal     19      172-173 

Statements  of  candidates 8  .  167 

Street  improvement   bonds 29M»  221 

Street  railway  franchise,  purchase 7a  38 

Superintendent  of   Schools 1  128 

Tally    sheets    19      171-172 

Tax   Collector   1  54 

Tax  limit  suspension  13  33 

Ties    20  173 

Treasurer   1  49 

Two-thirds  of  vote,  when  necessary 4  188 

Vote  highest  in  rank,  count  only 10b  173 

Voting   machines   14  170 

Withdrawal    of   candidate 10c  169 

ELECTRIC  POWER, 

Acquisition  of  plants 1  186 

Department  of  Electricity  to  enforce  ordinances..  6  159 

Franchises,    granting   7  19 

Location,  quality,  rates  13  10 

Offers  for  sale  of  plant  to  city 2  186 

Percentage  of  receipts  7  20 

Poles,  erection  of,  franchises ^. 7  19 

Public  buildings,  lighting  6  28 

Rate  fixing  by  Supervisors  14  10 

Rates  to  be  uniform  , 6  28 

Wires, 

Franchises 7  19 

Board  of  Public  Works  regulating 1  70 


270 


Index 


Section  or 
ELECTRICITY,  DEPARTMENT  OF,  Subdivision      Page 

Appointment  of  assistants,  salaries 3  159 

Chief, 

Appointment,  qualifications,  salary 2  159 

Exempt  from  Civil  Service 11  199 

Civil   Service  provisions   3  159 

Connection  with  the  system  by  citizens 5  159 

Employees  of,  salaries 3  159 

Enforcing  ordinances  on  wires  and  current 6  159 

Fire  alarm  station,  Jefferson  Square 6a  206 

Fire  alarm  system  1-5  159 

Inspection  and  supervision  of  wires 6  159 

Joint  commission  to  control,  how  constituted 1  159 

Police  telegraph  and  telephone  system 1-5  159 

Salaries  fixed  annually  by  Supervisors 2-3  159 

ELEVENTH  STREET,  sale  of  lands 9  20 

ELIGIBLE  LIST, 

Army  or  navy,  employees  mustered  into 21  203 

Preparation  of  7  197 

Removal  from  9-10  198 

EMBEZZLEMENT,  disqualifies  for  office 15  218 

EMERGENCY, 

Civil  Seivice  appointments 10  198 

Public  improvements  without  advertising 14  73 

School  Department  expenditures  3  131 

Tax  rate  limit 13  33 

EMINENT  DOMAIN   (See  Condemnation) 
EMPLOYEES, 

Absence  from  duties 6  48 

Acts  of,  officers  liable  6  214 

Actual  service,  payment  only  for 33  223 

Additional    to    those    in    Charter,    procedure    for 

employing  35  223 

Appeal  to  Civil  Service  Commission 12  200 

Army,  eligibles  mustered  into,  resume  positions....  21  203 

Assessor    1  54 

Auditor   2  47 

Board  of  Public  Works 3  68 

Board  of  Public  Works,  control  of  heads  of  de- 
partments    13  73 

Board  of  Supervisors 1  4 

Bonds,    official 7  214 

Bribe,    prohibited 8  216 

Bribery  disqualifies 15  218 

Bureau  of  supplies 38  14 

Charges  for  removal 12  200 

Chief  of  Police , 4  139 

Citizenship    requisite.. 2  215 

City  Attorney 5  59 

Civil  Service, 

Departments,  under  and  those  exempt 11  199 

Prior  to  Charter  amendment  without  exam- 
ination   ,, 11      199-200 

Qualifications  ' 2  195 

Cleaning  and  sprinkling  of  streets 29  97 

Compensation  for  appointment  prohibited 7  216 

Contracts,  not  to  be  interested  in 6  216 

Contract  violation,  duty  to  report 3  46 

Coroner  2  56 

County    Clerk 2  61 


Jndex  271 

EMPLOYEES  (Continued)  sSivLfJn     Paee 

Department  of  Electricity 3  159 

Disabled,  how  provided  for TM;  180 

Discharge  of,  consent  of  Civil  Service  Commis- 
sion    10  198 

Discourteous  treatment  of  public 12  201 

■   Dismissals,  appeal  against 12  200 

Disqualified,  when 15  218 

District  Attorney 3  60 

Drafted,  reinstatement 21  203 

Duties  of,  as  assigned  by  heads  of  departments....  30  222 

Eight-hour  day 24  11 

Elections  department 4  164 

Embezzlement   disqualifies 15  218 

Extra, 

Assessor  1  54 

Auditor    2  47 

Employment    of 12  42 

Tax    Collector 1  54 

Fees,  nrohibited  from  receiving 2  39 

P^re    Department 1  153 

Fire  Department  cornoration  yard 9  150 

Franchises,  prohibited  from  being  interested  in....  6  216 

Gifts  to  officials  prohibited 8  216 

Increases  in  salary 41-42  226 

Initiative  petition,  extra,  examining 3  177 

Janitors  4  71 

Justices'    court 1  62 

Laborers  24  11 

Lease  by  or  to  City,  interest  in  nrohibited 6  216 

Legislature,  cannot  become  a  member  of 4  216 

Libraries  3-6  134 

Limit  as  to  number  on  departments,  etc 5  216 

Mayor    1  45 

Mileage  fee  statements 11  41 

Military  service,  leave  of  absence  and  reinstate- 
ment    21  203 

Minimum  wage 24  11 

Municipal    railway,    preference    for    former    em- 
ployees   lib  200 

Navy,  service  in,  reinstatement 21  203 

Number  of,  limited  to  Charter  provisions 5  216 

Official  bonds 7  214 

Outside  of  City,  payment 9  49 

Outside  City,  public  work 2  215 

Overtime   pay 33  223 

Parks  4-6  205 

Playgrounds  3-5      210-21 1 

Police    Court 2  61 

Political  qualifications  not  required  for  appoint- 
ment      IVs  215 

Promotion,  civil  service  provision 8  198 

Public  buildings 4  71 

Public  utility  taken  over  by  City,  retained lib  200 

Purchases  by  City,  interested  in,  prohibited 6  216 

Qualifications  necessary 2  215 

Recorder  1  56 

Removal  only  for  cause,  civil  service  provision....  12  200 

Removals,  when  and  how 21      218-219 

Residence  in  City 2  215 


272  Index 

Section  or 
EMPLOYEES  (Continued)  Subdivision      Page 

Salaries, 

Actual  services  only 33  205 

Approval  of  demands 19  202 

Monthly    payment 1  43 

Sales  to  or  by  City,  interest  in  prohibited 6  216 

School  Department 10  127 

Sex  to  be  disregarded,  when : 9  198 

Sheriff  2  62 

Street  sprinkling  and  cleaning 29  97 

Streets,  urgent  repairs 30  97 

Superintendent  of  Schools 2  129 

Superior   Court 2  61 

Tax    Collector 1  54 

Treasurer  1  49 

Two  positions  cannot  be  held 4      215-216 

Warrant  and  Bond  Clerks 5  65 

Weights  and  Measures  Department 1  57 

EMPLOYMENTS,  exemption  from  licenses 15  10 

ENACTING  CLAUSE,  ordinance 8  5 

ENACTMENT,  laws  by  Supervisors 1  8 

ENCROACHMENTS,  sidewalk,  prohibited 1  70 

ENGINE  COMPANIES,  of  whom  composed 1  153 

ENGINEERS,  Fire  Department 1  153 

EQUALIZATION,  BOARD  OF,  members 2  16 

EQUIPMENT, 

Cleaning  and  sprinkling  of  streets 29  97 

Corporation  store  yard 32  98 

Library  buildings 6  134 

Playgrounds 10  212 

Public  utilities,  municipally  owned 8  71 

Superintendent  of  Schools  purchasing 5  130 

ERASURE,  bids  for  public  work 16  74 

ERECTION  OP  POLES, 

Board  of  Public  Works  regulating 1  70 

ERRORS',  street  assessment  proceedings 12  88 

ESTIMATES, 

Annual   budget 2  30 

Assessment,  opening,  etc.,  of  streets 6  103 

Change  of  grade 2-3  114 

Pensions,  Fire  Department 7  157 

Pensions,  Police  Department 7  146 

Public  improvements 10  72 

Public  utilities,  construction 1  186 

School  Department  salaries 9  126 

School  houses 1  131 

Street  excavations 9  71 

Street   improvements 2  78 

Water  works  and  sources,  cost 1  186 

EVENING  SCHOOLS 2  124 

EVIDENCE, 

Affidavit  of  publisher  of  official  newspaper 26  96 

Certificate,  street  repair 17  93 

Condemnation  of  lands,  opening  of  streets 16  108 

Copies,  records  of  Board  of  Public  Works 21  94 

Deed  for  delinquent  property 7  107 

Property  as,  production 4  144 

Search  for 7  140 


Index  273 

Section  or 
Subdivision      Page 

EXAMINATIONS, 

Bonds,    official 3  17 

Chief  of  Police 7  140 

Citv  Board  of  Examination 6  130 

Civil    service 3-6      196-197 

Coroner  1  58 

Employees  prior  to  Cliarter  amendment,  no  exam- 
ination    11a  199 

Finance  Committee 3  16 

Fire  Department,  present  members,  none 1  151 

Initiative    petition 3  177 

Offices,  public 3  17 

Promotion  for 8  198 

Public  service  corporations 4  17 

Public  utilities,  accounts 3  194 

Superintendent  of  Schools 4  129 

Teachers'  certificates 1-4  130 

Water  company's  books 4  17 

EXAMINERS,  for  Civil  Service  appointments 5  196 

EXCAVATION, 

St)ur  tracks,  hauling 3  9 

Streets  (See  Streets) 

EXCEPTION, 

Improvements  by  owner  excepted  from  order  for 

street  work 9  86 

Official  advertising,  legal  holidays 26  96 

EXCESS  LANDS,  purchase  or  disposal  of 10  22 

EXCHANGE, 

Excess  lands  purchased 10  23 

Library,  nublic.  Civic  Center 10  23 

State  building,  Civic  Center 10  23 

EXCLUSIVE, 

Charter  provisions  not 33  98 

Charter  provisions  not 17      119-120 

Charter  provisions  not 1  121 

Franchise,  none  to  be  granted 5  17 

Rights  to  operate,  tunnel,  subway  or  viaduct 5  123 

EXECUTION, 

Contracts   5  27 

Finance  Committee's  orders 4  17 

Sales  under  judgments 4  60 

Street  assessment  lien 15  91 

EXECUTIVE  DEPARTMENTS  (See  Mayor,  Auditor, 
Treasurer,  Assessor,  Tax  Collector,  Coroner, 
Recorder) 

EXEMPT  FIREMEN,  relief 36  13 

EXEMPTION, 

Civil  Service,  what  departments  and  employees....  11  199 

Experts  from  resid'ence  qualification 2  215 

License    taxes 15  10 

One-twelfth  limit  on  expenditures 9  32 

Taxation,  public  utility  bonds 10  190 

EX-MAYOR,  seat.  Board  of  Supervisors 2  4 

EXPENDITURES, 

Advertising,    official 13  6 

Appropriations,  only  against  specific 6  31 

Auditor's  annual  estimate 2  30 

Board  of  Education 9  126 

Board  of  Health 3  160 

Budget  estimates  by  departments 1  30 


274  Index 

Section  or 
Subdivision      Page 

EXPENDITURES  (Continued) 

Change  of  grade 16  119 

Chief  of  Police 6  140 

Constitutional  enactments  increasing 13  33 

Definition  of,  in  street  work 26  96 

Firemen's  relief  fund 8-9  157 

General  fund,  out  of 37  224 

Incidental  expenses   (See  Incidental  Expenses) 

Law  library 1  67 

Legislative  enactments  increasing 13  33 

Libraries,    public 5  133 

Library  trustees 5  134 

Limit  to  tax  levy  for  City's 11  33 

Not  to  be  met  from  revenues  of  another  year 13  34 

One-twelfth  limit,  exemptions 9  32 

One-twelfth  limit  on 9  31 

Park    fund 2  35 

Parks  : 6  205 

People,  vote  of,  increase  in 13  33-34 

Playground    Commission 5  211 

Public  utility,   operation 1  194 

School  purposes,  limit  of 1      130-131 

Schools    9  126 

Steinhart    aquarium.: 43a  16 

Street  railway  construction,  franchise  provision....  6  19 
Streets, 

Opening,  extending,  etc 1  100 

Urgent   repairs   to 30  97 

Work  33  98-99 

Subway  construction 2  122 

Supervisors,  majority  vote 8  31 

Supervisors  to  authorize  all 15  34 

Tax  levy  to  meet 11  32 

Tax  limit  suspension 13  33 

Treasurer  only  officer  to  disburse  public  moneys..  1  39 

Tunnel    construction 2  122 

Under  five  hundred  dollars,  contracts  let  without 

advertising  14  73 

Under  two  hundred  dollars 13  6 

Unexpended   monthly   balances, ,...., ,.., 9  31 

Urgent  necessities  fund , 8  31 

Viaduct  construction ,. 2  122 

EXPENSES  (See  Expenditures,  Incidental  Expenses) 

EXPERTS, 

Accounts,  public  utilities 3  194 

Exempt  from  Civil  Service  rules 11  199 

Exempt  from  residence  qualifications 2  215 

Finance  Committee 4  17 

Municipally  owned  public  utilities 8  71 

EXPIRATION, 

Franchise,  purchase  by  City 7a  38 

Franchise,  submission  to  people 1  181 

Of  term,  officials  surrendering  property 3  214 

EXPLOSIVES,  enforcement  of  laws  by  Fire  Marshal  4  154 

EXPOSITION   (See  Panama  Pacific  Exposition) 

EXTENSIONS, 

Public    utility 1  194 

Streets,    proceedings 1-19      100-109 

EXTENSION  OF  TIME, 

Contracts  21  76 

Supervisors,  majority  vote ,„„„,,,,,,„„,.,  21  76 


^ndex  275 


EXTRA, 

Assessor,  clerks 

Assistants,  employment  of 

Employees,  Auditor 

Initiative  petition,  help 

Sessions  of  Supervisors,  calling. 
Tax  Collector,  clerks 


F 
FAILURE, 

Account  of  City's  money  or  property,  to  make 

Bank,  rules  on  deposits  of  funds 

Bidder  to  enter  into  contract 

Bill  to  pass 

Contract  for  supplies,  to  enter  into 

Contractor    

Contractor  to  pay  for  materials 

Elected  candidates,  qualifying 

Officer   to   make   reports   or   returns,   action   by 
Auditor 

Property  owners,  contract,  street  work 19-20 

Reporting  violations 

Subcontractor    

Supervisors  enforcing  provisions 

To  petition  waives  claim 

FAIR,  when  permitted  in  parks 

FALSE  CERTIFICATE,  labor  performed  or  supplies 

furnished    

FAMILY, 

Fireman,  receiving  pension 

Police  officer,  receiving  pension 

FARES, 

Power  to  regulate  street  railroad 

Street  railway,  regulation  by  Supervisors 

FAVOR,  one  bidder  over  another 

FEES, 

City  Engineer 

County  Clerk,  for  copies,  etc.,  of  records 

Daily  payment  into  treasury 

Daily  payment  into  treasury 

Deputies,  clerks,  employees  to  receive  none 

Election,  candidates  for  office 

Election,  candidates  for  office 

Mileage    fees 

Officers,  monthly  report  by 

Official    services 

Public   Administrator 

Recorder  

Salaried  officers  to  receive  none 

To  be  paid  into  Treasury  and  none  retained 

Transfer  of  funds 

Treasurer, 

Liable  on  official  bond  for 

Monthly  report 

Payment  to 

Unapportioned  fee  fund 

FELONY, 

Forfeit  right  to  public  nension 

Forfeiture  of  pension.  Fire  Department 

Reward  for  conviction  of 


Section  or 

Subdivision 

Page 

1 

54 

12 

42 

2 

47 

3 

177 

5 

46 

1 

54 

14 

43 

2 

51 

16 

92 

12 

6 

1 

24 

5 

27 

7 

28 

22 

174 

6 

48 

.  19-20 

75 

3 

46 

1 

28 

13 

193 

2 

114 

6 

206 

4 

27 

5 

156 

4 

145 

27 

12 

6 

19 

4 

27 

12 

72 

3 

61 

4 

40 

17 

218 

2 

39 

5b 

166 

8 

167 

11 

41 

9 

41 

17 

11 

1 

61 

2 

56 

2 

39 

34 

223 

1 

35 

4 

40 

8 

41 

3 

39 

4 

40 

5 

146 

6 

156 

21 

11 

276 


Index 


Section  of 
Subdivision      Page 

FENCES, 

Approving    designs 10  208 

Areas  on  sidewalks 1  70 

FIFTEENTH  STREET,  sale  of  lands 9  20 

FIFTY  PER  CENT  OF  VALUE,  assessing 33.  99 

FILES,  methods  of,  prescribing 41  14 

FINAL  PASSAGE, 

Bill  granting  franchise,  ninety  days  after  intro- 
duction      12  6 

Bills  and  resolutions 9  5 

Franchise,  bill  granting 12  6 

Franchise  grant,  street  railway 6  19 

Ordinance,  amending 12  6 

FINANCE  (See  Taxes.  Funds,  Revenue,  Expenditures) 

FINANCE  COMMITTEE, 

Concurrence  of  two  members  sufficient 4  17 

Defalcations  4  17 

Deposit  of  public  funds  in  banks 2  50 

Duties  and  powers 3  16 

Official  bonds,  investigating 3  17 

Orders  of,  execution 4  17 

Percentage  of  gross  receipts,  payment  by  corpor- 

rations  4  17 

Public  service  corporations,  books  experting 4  17 

Sale  of  City  lands,  appraisement 9  21 

Street  railway  company's  books,  experting 6  19 

FINES, 

Carrying  concealed  weapons,  police  pension  fund  11  147 

Cruelty  to  animals 19  11 

District  Attorney,  actions  by 2  60 

Fire  Department  members  and  employees 8  150 

Income  from,  estimate 2  30 

Judgments,  execution  sales 4  60 

Ordinances,  violation  of 16  11 

Ordinances,  violation  of 11  147 

Police    Court 1  64 

Police  Department  members,  police  pension  fund  11  147 

FIRE, 

Alarm  system '. 1-4  159 

Alarm  system 6a  206 

Commissioners  (See  under  Fire  Department) 

Limits   5  9 

Marshal  1-5      1 53-154 

Protection  system 6  150 

Wardens  1  154 

FIRE  BOATS, 

Age  limit  not  applying  to  employees 6  150 

Composition  of  companies 1  153 

Pension  benefits  not  applying  to  employees 6  150 

Salaries  of  emnlovees 1  158 

FIRE  DEPARTMENT, 

Absence,  military  service 43  226 

Age  limit 6      149-150 

Alarm  system 1-5  159 

Alarm  system 6a  206 

Alternating  on  tours  of  duty 11  151 

Apparatus  needed 9  150 

Appointments  and  dismissals  for  cause 7  150 

Battalion  chiefs 1  158 

Boats  (See  Fire  Boats) 


4ndejt  277 

FIRE  DEPARTMENT  (Continued)  s^uMMsuTn     Page 

Buildings, 

Destruction  to  check  fire 3  153 

Inspection  of 1  154 

Repairs,  etc..  suspension  tax  limit 13  33-34 

Captains   1  153 

Charges  against  members 2  151 

Chemical  engine  companies,  of  whom  composed...  1  153 
Chief  Engineer, 

Absence   or   inability 2  152 

Assistants,  salaries 1  158 

Chief  e.xecutive  officer  of  department 1  152 

Exemption  from  Civil  Service 11  199 

Opeiators    for : 4  153 

Powers  and  duties  of , 1-3      152-153 

Recommendations  and  reports 2  152 

Rules,  enforcing 1  152 

Salary 1  158 

Sti'-pensions  by 8  150 

Civil  Service, 

Employees    under 11  199 

Examinations  not  to  apply  to  present  mem- 
bers   1  151 

Clerk  and  commissary,  corporation  yard 9  150 

Clerks,  commissioners'  office 6  150 

Commissioners, 

Abuse  of  discretion 5  156 

Appointed  by  Mayor 1  149 

Composition  of.  as  to  politics 2  149 

Department  of  Electricity,  joint  control 1  159 

.     Duties    8  150 

Four  members  to  constitute  board 1  149 

Ineligible  to  any  elective  office 31  222 

Management  of  department 1  149 

Meetings  4  149 

Official  bonds 2  213 

Political    affiliations 2  149 

Powers    8  150 

Qualifications,  term,  salary 1-2  149 

Successors  in  office  of  who 3  149 

Those  first  appointed,  classification 2  149 

Companies, 

Engine,  hook  and  ladder,  tower,  etc 1  153 

Establishing  of 5  149 

Contracts,  provisions  governing 4  152 

Corporation  store  yard 9  150 

Day  of  lest 2  158 

Destruction  of  buildings  to  check  confiagration 3      153-154 

Disability,  salary  during 3  152 

Discharge,  temporary,  redaction  in  force 1  151 

Dismissal,  when 2  151 

Draymen  1  158 

Drivers    1  153 

Duties  of  members 5  149 

Duty,  hours  on 11  151 

Employees   1  153 

Engineers  1  153 

Engine  companies,  composition 1  153 

Exempt  firemen,  relief 36  13 

Fines  on  members,  how  deducted  and  applied 8  150 


278 


Index 


Section  or 
Subdivision      Page 
FIRE  DEPARTMENT  (Hontinned) 
Fire  boats  (See  Fire  Boats) 

First  Assistant  Chief  Engineer 1  158 

Hook  and  ladder  companies,  composition 1  153 

Hosemen 1  153 

Hostlers    1  158 

Hours  of  duty 11  151 

Hydrantmen 1  158 

Increase  in  salaries IV^  158 

Inspection  of  buildings 1  154 

Leaves  of  absence 2  158 

Jefferson  Square  fire  alarm  station 6a  206 

Lieutenants   1  153 

Marshal  1-5      153-154 

Materials  or  apparatus  needed,  conflagration 9  150 

Members, 

Citizens    6  149 

Disabled,  when  allowed  salaries 3  151 

Duties      5  149 

May  be  dismissed  when 2  151 

May  be  pensioned  when 3-4  155 

Not  to  be  removed  except  for  caase 7  150 

Number  of 5  149 

Qualifications : 6  149 

Salaries  1  158 

To  be  engaged  in  no  other  employment 10  151 

Trial  before  dismissal 7  150 

Military  service,  absence  on 43  226 

Money  belonging  to 5  149 

Officers,    salaries 1  158 

Operators,   Chief's 4  153 

Organization    of 5  149 

Pension^, 

Absence,  military  service 43  226 

Age    requisite 3  155 

Ceasing  on  disability  ceasing 4  156 

Certain  employees  not  to  receive 6  150 

Certificate  of  disability 4  155 

Commissioners'    meetings,    records,    powers, 

duties,  proceedings 8-9  157 

Death  within  one  year  of  injury 5  156 

Dissipated  or  drunkard 5      156-157 

Estimated  annual  amount  for  relief  fund 7  157 

Expenses,  limit  9  157 

Family  receiving 5  156 

Felony,  forfeiting 6  156 

Fund  (See  Firemen's  Relief  and  Pension  Fand) 

Forfeiture  of 5      156-157 

Hearing  on  claim 5  156 

Increase  in  salaries  not  affecting l^^  158 

Injury  in  discharge  of  duties 4  155 

Judgment     of     Commissioners     final     unless 

abuse  of  discretion 5  156 

List  of  liabilities 8  157 

Non-resident  forfeiting 6  157 

One-half  of  salary 3  155 

Orphan  receiving 5  156 

Parents    receiving 5  156 

Pensions  prior  to  1900 10  157 

Period  of  service 3  155 


^ndex  279 

Section  or 
Subdivision      Page 

FIRE  DEPARTMENT  (Continued) 

Petition  of  heirs 5  156 

Receipts  during  lifetime  not  barring  family....  5  156 

Rules  and  regulations 7  157 

Secretary  to  Pension  Board 9  157 

Widow  while  unmarried 5  156 

Pilots,  fire  boats 1  153 

Platoon  system,  two 11  151 

Politics, 

Abstaining    from 32  222 

Assessment  for 32  223 

Commissioners   2  149 

Interference,  cause  for  removal 32  222 

President  of  board 4  149 

Property  belonging  to 5  149 

Qualifications  of  appointees 6      149-150 

Reduction  in  force 1  151 

Reorganized,   when : 1  151 

Rest  day 2  158 

Rules  and  regulations 8  150 

Salaries, 

Commissioners  1  149 

During  disability 3  152 

Graded  by  length  of  service 1  158 

Increase  in li^,  158 

Officers,  members,  employees 1  158 

Secretary   4  149 

Second  Assistant  Chief  Engineer 1  158 

Secretary  to  board 4  149 

Signal  system 5  159 

Stokers   1  153 

Supplies,  how  and  when  delivered 9  150 

Superintendent  of  Engines : 1  158 

Superintendent  of  Horses 1  158 

Suspensions  8  150 

Tillermen  1  153 

Tours  of  duty 11  151 

Trials,  public 2  151 

Truckmen  1  153 

Two  platoon  system 11  151 

Uniform  force 11  151 

Vacations  2  158 

Volunteer  firemen,  relief 36  13 

Wardens,  fire,  who  constitute 1  154 

Watchmen   1  158 

Water  tower  companies,  of  whom  composed 1  153 

FIRE  MARSHAL, 

Appointing  dej)uties 5  154 

Appointment  of  and  assistants 1  153 

Attendance  at  all  fires 2  154 

Charge  of  and  protect  property 2-3  154 

City  not  liable  for  salary  of „ 1      153-154 

Enforcing  laws  and  ordinances 4  154 

Investigate  cause  of  all  fires 4  154 

May  sell  property  saved,  when 4  154 

Police  officer,  exercising  functions  of 4  154 

Powers,  duties,  salary 1-5      153-154 

Report  when  crime  suspected 4  154 

Vacancies  in  office  of 1  153 


280 


Index 


Section  or 
Subdivision      Page 
FIREARMS, 

Destruction  by  Property  Clerk 3  143 

Fines  for  carrying  concealed 11  147 

To  be  taken  from  prisoners 2  142  ■ 

FIREMEN'S  RELIEF  AND  PENSION  FUND, 

Balance  to  ensuing  fiscal  year 5  36 

Budget  appropriation.— 7  157 

Commissioners,  meetings,  records,  powers,  duties, 

proceedings   8-9  157 

Condition  of,  reported  quarterly., 8  157 

Creation  of 1  154 

Estimate  of  amount  annually  required 7  157 

Expenses,  limit 9  157 

Fines  on  members 8  150 

Forfeiture  of  pension : 6      156-157 

Payments  from 8  157 

Surplus  in  not  to  go  to  surplus  fund 16  34 

Tax  levy,  to  meet  all  demands  of 2  155 

FIRES, 

Destruction  of  building  to  check 3  153 

Fire  Marshal  to  investigate  cause 4  154 

Material  or  apparatus  needed 9  150 

Result  of  crime 4  154 

FISCAL  YEAR, 

Budget  of  amounts  estimated 3  25 

Commences  and  ends,  when 16  218 

FIVE  BLOCKS,  street  railway  through  tunnel,  sub- 
way or  viaduct,  each  end  thereof 5  123 

FIXING, 

Bail    , 6  65 

Fees  and  charges,  official  service 17  11 

Rate  of  interest,  deposits  of  public  funds 2  50 

Rates,  by  Supervisors 14  10 

Street  width  and  grade 1  77 

FLUMES,  water  supply,  lands  for 15  193 

FLUSHERS,  sprinkling  of  streets 29  97 

FLUSHING  SEWERS,  regulation  by  Supervisors 13  10 

FORECLOSURE,  lien,  street  assessment 12  88 

FORFEITURE, 

Check  accompanying  bid 17  75 

Check  or  bond,  change  of  grade  bid 9  116 

Check,  street  repair  bid 16  92 

Deposit,  bond  sale 10  191 

Franchises,  actions 3  46 

Franchises  not  in  use 26      219-220 

Judgments,  execution  sales 4  60 

Ordinances,  violation  of 16  11 

Pension  rights,  fireman 5      156-157 

Pension  rights,  police  officer 5  146 

Street  railway  franchise 6  19 

FORMS,   demands 39  14 

FOUNTAINS,  approval  of 10  207 

FOURTEENTH  STREET,  sale  of  lands 9  20 

FOURTH  OF  JULY,  appropriation  for  celebration 18  11 

FRANCHISES, 

Advertising  bill  granting 13  6 

Advertising  for  bids 6  18 

Additional  conditions  to  be  imposed 7a  37 

Application  for 6  .  18 

Arbitrators,  appointment  of 7a  38 


Index 


281 


FRANCHISES  (Continued)  S^rbdiv"sron     Page 

Award  by  Supervisors 6  18 

Bids  for 6  18 

Bill,  final  passage,  ninety  days  after  introduction..  12  6 

Bonds,  purchase  of  street  railway 7a  38 

Bonus,  purchase  by  City 7a  37 

Boulevards  6  17 

City  may  purchase _ 7a  37 

Conduits,   pipes,   mains,   wires,  no   exclusive   for 

laying 5  17 

Eight-hour  day 7b  39 

Election,  purchase 7a  38 

Election,  submission  at 3  46 

Electric  power,  granting : 7  19 

Exclusive,  not  to  be  granted 5  17 

Expiration, 

Offer  by  City  to  complete  purchase 7a  38 

Submission  to  people 1  181 

Forfeiture, 

Actions   3  46 

Penalty  7c  39 

Street  railway 6  19 

When  declared 26      219-220 

Labor,  wage  and  hours 7b  39 

Lighting,  granting 7  19 

Minimum  wage 7b  39 

Ninety  days  before  final  passage 6  109 

Not  in  use,  declared  forfeited 26      219-220 

Officers  prohibited  from  being  interested  in 6  216 

Operation  continuous 6  19 

Ordinance  granting  time  before  final  action 12  6 

Overtime  employment 7b  39 

Paving  of  streets,  power  to  compel 28  12 

Penalty  for  failure  to  comply  with  conditions 7c  33 

Percentage  of  receipts 6  18-19 

Petition,  ordinance  referred  to  vote  of  people 7  20 

Postponement  of  final  action  for  vote  of  people 3  46 

Power,  granting 7  19 

Public  utility,  submission  to  people 1  18l 

Purchase  by  City  7a  37 

Railroads    28  12 

Referendum,  ordinance  granting 7  20 

Referendum  to  the  people 1  181 

Renewal  of..... 6  19 

Roadbed  and  tracks  reverting  to  City 6  id 

Steam  railroads,  power  to  grant 28  12 

Street  railways 6  17 

Supervisors,  majority  vote 6  19 

Time  required  before  renewal 12  6 

Valuation,  purchase  by  City 7a  37 

Vote  of  people 7  20 

Wages  and  hours  of  employees 7b  38 

Wires  for  power '. 7  19 

FRAUD, 

Civil  Service  examinations,  prohibited 18  202 

Civil   Service  provision 9  198 

FREEHOLDERS,  BOARD  OF, 

Certification  of  Chaiter 226 

Charter  proposed  by 1 


282  ^  Index 

Section  or 
Subdivision      Page 

FREIGHT,  spur  tracks,  hauling 3  9 

FRONTAGE, 

City  and  County  property,  work,  payment  for 8  83 

Owners  of  major  part  of,  improving  street 19  75 

United  States  property,  work,  payment  for 8  83 

FUNDED  DEBT  (See  Sinking  Fund,  Bonds) 

FUNDS, 

Apportionment  by  Supervisors 11-12  33 

Apportionment  of  revenues 1  35 

Auditor,  supervision  over 1  47 

Available  against  contracts 9  31 

Bail  moneys 5  65 

Balances  (See  Balances) 

Budget  (See  Budget) 1-4  30 

Change  of  grade  assessments 12  118 

City  and  County  investing 2  52 

Common  school  fund  (See  Common  School  Fund) 

Constitutional   enactments 13  33 

Continuity  of 2  35 

Custody,  public  moneys 1-14  39-43 

Demands  (See  Demands) 

Deposit  daily  in  Treasury 17  218 

Deposit  of  moneys  in  bank 2  50-52 

Designation    of :. 2  35 

Disbursement  of  by  Supervisors 15  34 

Drainage  purposes,  special 22  11 

Earnings  of  utilities  to  be  transferred  to  certain..  16      193-194 

Elections,  special 14  180 

Finance  Committee 3  16 

General  Fund  (See  General  Fund) 

Gold  in  bags 3  52 

Joint  custody  safe 3  52 

Library  2-3  133 

Licenses,  collection  and  payment  into  Treasury....  2  54 

Legislative  enactments.... 13  33 

Mayor's  contingent 35  13 

On  hand.  Treasurer  to  take  account  daily 2  49 

Parks  6  205 

Playgrounds  5  211 

Police  Relief  and  Pension 1-13      144-148 

Provision  for,  from  January  to  June  30,  1900 37  224 

Public  Utilities, 

Acquisition  of 4      187-188 

Earnings  1  194 

Municipal  12  33 

Receipts,  apportionment  by  Auditor 10  41 

Redeeming  bonds  for  construction  of  buildings 29  220 

Reserve  fund,  public  utility 1-2  194 

Revolving  291/2         221 

School  Department 1      130-131 

School  lots,  proceeds  from  sale 11  23 

Separate  1  35 

Silver  in  bags 1 3  52 

Sinking  funds  (See  Sinking  Funds) 

Special  deposit 4  36 

Street  assessment 16  109 

Street  work 8  83 

Supervisor  to  fix  and  collect  revenues 14  34 

Surplus  fund  (See  Surplus  Fund) 

Surplus  in  certain,  to  pay  outstanding  bonds 7  37 


Index  283 

Section  or 

FUNDS   (Continued)                                                                           Subdivision  Patre 

Surplus,  street  assessment 18  109 

Subway    construction 2-4  122 

Taxes, 

Apportionment  of,  to  the  several 11-12  33 

Collection  and  payment  into  Treasury 2  54 

Levy  : 5  31 

Transfer  from  one  to  another,  not  lawful 1  35 

Transfer  of  old  to  new 37  224 

Treasurer, 

Monthly    report 8  41 

To  keep  accounts  of  each  fund  separate 2  50 

To  receive  and  safely  keep 2  49 

Tunnel  construction 2-4  122 

Unapportioned  fee  fund 4  40 

Unexpended  Balances, 

Action  by  Auditor 10  32 

Monthly  9  31 

Urgent  necessities 8  31 

Use  for  any  purpose  than  that  specified  barred 2  35 

Viaduct    construction 2-4  122 

When  cease  to  exist 38  225 

G 

GARBAGE, 

Board  cf  Health,  supervising,  disposition 3  160 

Board  of  Public  Works,  to  dispose  of 7  71 

GAS, 

Acquisition  of  plants  by  City 1  186 

Financo  Committee,  examining  books,  etc 4  17 

Franchises,  granting 7  19 

Mains,  regulating  laying 1  70 

Offers  for  sale  of  works  to  City 2  186 

Pipes  to  be  laid  before  acceptance  of  street 23  94 

Pipes,  power  to  regulate 13  10 

Public  buildings,  lighting 6  28 

Rates  to  be  uniform 6  28 

Rates,  Supervisors  to  fix  yearly ^.....  14  10 

Regulation  of  by  S^ipervisors..... 13  10 

GASOLINE,  enforcement  of  laws  by  Fire  Marshal 4  15^ 

GATES,  aDproving  designs 10  208 

GENERAL  FUND, 

Bond  issue  surplus 10  191 

Check  accompanying  bid  forfeited,  paid  into 17  75 

Check,  street  repair  work 16  92 

Consists   of  what 2  35 

Delinquent  on  assessment,  purchase  of  property....  3  106 

Forfeited    check 9  116 

Interest  on  deposits 2  50 

Payments  out  of 37  224 

Reserve  fund,  public  utilities 2  194 

Street  improvements,  what  expenses  paid 8  83 

Tearing  up  streets,  expenses  to  be  deposited  in 9  71 

Transfer  of  what  previous  funds  to 37  224 

GENERAL  LAWS  OF  STATE,  govern  all  elections 5  164 

GENUINE,  l)id  for  public  work  16  73 

GIFTS, 

Aquarium,  public 43  15 

Art  gallery 6  206 

City  and  County  of  San  Francisco 1  2 

For  positions  debars  from  office 7  216 


284 


Index 


GIFTS  (Continued) 

From  subordinates,  prohibited 

Museum    

Playgrounds  

Public    libraries 

Public    parks 

Schools   * 

Steinhart,    Ignatz 

GLASS',  stained,  approval 

GOLD  TN  RAGS 

GOLDEN  GATE  PARK, 

Art  Gallery  and  Museum, 

Academy  of  Sciences 

Gifts  and  control  over 

Jurisdiction,  Park  Commission 

Panama-Pacific  Exposition  may  use  part  of 

Playgrounds  

State  of  California,  lease  of  ground  to 

Steinhart    Aquaiium 

GRADES, 

Assessment   

Bids  on  work 

Change  of,  proceedings  relating  to 

Charter  provisions  not  to  be  exclusive 

Civil  Service  classification 

Cost  may  be  paid  out  of  treasury 

Credits  to  owners 

Crossings   

Delinquent    assessments 

Distribution  of  assessment 

Estimate  by  Board  of  Public  Works  of  benefits,  etc. 

Estimate  of  damages  by  owner 

Expense  of,  how  assessed 

Included  under  term  "improvement" 

Intermediate  streets,  relation  to  main  streets 

New    assessment 

Notice  of  assessment 

Notice  of  filing  of  report 

Objections  and  hearing .<. 

Owners  doing  front  of  their  lots 

Park    Commission 

Partially  graded  or  improved,  proceedings 

Payment  of  damages .". 

Payment  to  contractor 

Plans  and  specifications  for  regrading,  etc 

Posting  of  notices 

Powers  of  Supervisors 

Powers  of  Supervisors 

Proceedings 

Provisions  for  repaving,  resewering,  etc 

Publication  of  resolution 

Public  ways  and  grounds 

Report  of  Board  of  Public  Works 

Resolution  of  intention 

Supervisors, 

Fixing   

Majority    vote : 

Ordering  changes  by  ordinance 

Supplementary    assessment 

Ungraded  portion  of  street,  proceedings  not  stayed 

by  objections , ,. 4 


Spction  or 

Subdivision   Page 

8 

216 

6 

206 

6 

211 

3-4 

133 

8 

207 

12 

127 

43a 

15 

10 

207 

3 

52 

12 

208 

6 

206 

1 

204 

1 

186 

9 

210 

9 

207 

43a 

15 

1-11 

113-117 

9 

116 

1-17 

112-121 

17 

120 

2 

195 

16 

119 

9 

85-86 

26 

95 

12 

117 

10 

116-117 

3 

114 

2 

114 

2 

83 

26 

95 

26 

95 

8 

115 

12 

117 

7 

115 

8 

115 

9 

85 

10 

208 

4 

80 

13 

118 

14 

119 

9 

116 

1 

113 

1 

113-114 

17 

120 

1-17 

112-121. 

1 

113 

1 

113 

10 

208 

6 

114-115 

1 

112 

1 

77 

17 

120 

17 

119-120 

15 

119 

80 


Index  285 

Section  or 
Subdivision      Page 

GRANTS, 

Custody  of 7  5 

Electric  power  and  lighting  franchise 7  19 

Franchises    12  6 

Liquor  peimits 3  136 

Permits  by  Police  Commission 9  138 

Signature.  Clerk  of  Supervisors 7  5 

Street  railway  franchises 6  17 

Streets  in  new  subdivisions 28  96 

Teachers'   certificates 3  125 

GRATUITY,  official  prohibited  from  accentin? 8  216 

GREAT  HIGHWAY,  jurisdiction,  Paik  Commission...  1  204 

GROUNDS,  PUBLIC  (See  Parks) 

H 

HACKNEY  CARRIAGES,  regulation  of 7  9 

HAND  S"\VEEPING  OF  STREETS,  preference 29  97 

HARBORS, 

Built  and  repaired  by  Board  of  Public  Works 1  112 

May  be  leased,  but  not  sold 2  112 

Tolls  for  wharfage  and  dockage 2  112 

Under  control  of  Supervisors 1  112 

HEADS  OF  DEPARTMENTS, 

Approval,  demands 4-5  48 

Board  of  Public  Works  appointing 13  73 

Discharge  of  employees,  consent  of  Civil  Service 

Commission   *  10  198 

Dismissal    of    employees 12  200 

Duties  of  employees 30  222 

Liability  for  acts  of  deputies 6  214 

Notice  to  Civil  Service  Commission  of  position  to 

be    filled 9  19S 

Requisitions  3  27 

HEALTH,  protection  of 3-4      160-161 

HEALTH  DEPARTMENT, 

Abatement  of  nuisance 3-4      160-161 

Almshouses    3  160 

Ambulance   service 3  160 

Appointments,  all  under  Civil  Service 5  161 

Births,   registration  of 4  161 

Board  of  Health, 

Appointed  by  Mayor 1  160 

Appointments,  officers  and  employees 5  161 

Classification  as  to  holding  po^ition^ 2  160 

Draft  of  proposed  rules  or  ordinances  to  be 

submitted  to  Supervisors  by 4  161 

Expenditures,  control  over 3  160 

Ordinances,    enforcing 4  160 

Powers  and  duties 3-4      160-161 

President    of 1  160 

Qualifications  of  members  of 1  160 

Rules  and  regulations  adopted  by 1  160 

Serve  without  compensation 1  160 

Seven  members  to  constitute 1  160 

Term  of  office  seven  years 2  160 

Buildings.  rei)airs,  etc..  suspension  tax  limit 13  33-34 

City  and  County  Hospital  (San  Francisco  Hospital), 

Control  of  Board  of  Health 3  160 

Internes  may  be  appointed  for 9  161 

Ward  in.  for  treatment  of  inebriates 8  161 


286  Index 

Section  or 
Subdivision      Page 
HEALTH  DEPARTMENT  (Continued) 

Civil   Service   provisions 5  161 

Dead,  disposition  of 3  160 

Deaths,  registration  of 4  161 

Dismissal,  not  without  cause 5  161 

District  Attorney  to  advise... 2  60 

Duties  prescribed  by  Board  of  Health 5  161 

Employees  of,  number,  how  determined 11  162 

Garbage,  disposition  of 3  160 

General  powers  to  regulate 1  8 

Hospitals,  control  over 3  160 

Jails,  sanitary  supervision  of 3  160 

Management  of  Board  of  Health 1  160 

Nuisances    3-4      160-161 

Offal,   disposition   of 3  160 

Officers  and  employees 5  161 

Physicians  exempt  from  Civil  Service 11  199 

Police  officers  also  health  officers 3  142 

Protection,  lives  and  health 3  160 

Public  buildings,  sanitary  supervision 3  160 

Receiving  hospitals 3  160 

Registration  of  births,  deaths,  etc 4  161 

Relief    Home 3  160 

Salaries  fixed  by  Board  of  Health 5-10      161-162 

Sanitary  supervision  Of  municipal  institutions 3  160 

Schools,  sanitary  supervision 3  160 

Street  improvement  applications.... 2  77 

Vital    statistics 4  161 

HEARINGS, 

Appeal  from  street  assessment 14  89 

Assessment  district  objections 5  81 

Budget 3  30 

Change  of  grade 8  115 

Civil  Service  Commision,  charges 12  200 

Closing  of  streets 27  96 

Liquor  permits,  refusals 3  136 

Objections,  owners,  street  crossing  assessment....  4  80 

Opening,  etc.,  of  streets 4-5  102 

Pension  claim,  Fire  Department 5  156 

Pension  claim,  police  member's  family 4      145-146 

Permits.   Police   Commission 9  138 

Police    Commission 3  136 

Police  officer,  charges 3  142 

HEAT  (See  Steam  Heat) 

HEIRS, 

Firemen,  pension 5  156 

Police  member,  pension 4  145 

HEROIC  CONDUCT,  reward  for 8  146 

HETCH  HETCHY, 

Board  of  Public  Works,  charge  of  construction, 

operation,  etc 8  71 

Payment  for  work  on 9  49 

Power  of  Supervisors  to  acquire  lands 15  193 

HOLIDAYS,  official  advertising  excepted  on 26  96 

HOOK  AND  LADDER  COMPANIES, 

Of  whom  composed 1  153 

FOSRMEN.  Fire  Department 1  153 

HOSPITALS, 

Charge  of  Board  of  Health 3  160 

Receiving   .- 3  160 

Regulation  and  maintenance  of 11  10 


Judex  287 

HOSPITALS  (Continued)  SubtlivFsrJn     Page 

San  Francisco  Hospital, 

Medical  students  given  facilities  in 7  161 

Resident  physician  for 6  161 

Visiting  physicians  and  surgeons  for 7  161 

Students,    privileges 7  161 

Supplies,  contracts  for 1  24 

HOSTLERS,  Fire  Department 1  158 

HOURS  OF  LABOR, 

Fire  Department 11  151 

Power  to  regulate 24  11 

Public  offices 14  217 

Street  railway  franchise 7b  38-39 

HYDRAXTMEN,  Fire  Department 1  158 


ILLEGAL  PAYMENTS,  penalty 11  217 

IMPROVEMENTS, 

How  provided,  when  exceed  revenues  of  city 29  220 

Lessee,  school  lot,  reverting  to  city 11  127 

(See  also  Streets,  Public  Work) 

INCIDENTAL  EXPENSES, 

Bidder  to  pay 9  116 

Change  of  grade : 9  116 

Chief  of  Police 6  140 

Contracts  for  City  and  County 1  25 

Deductions  from  warrant 12  88 

Included  in  street  assessment 7  82 

Police  Department 6  140 

INCOME, 

Apportionment  to  funds  by  Supervisors 12  33 

Auditor's  annual  estimate 2  30 

Public  utilities,  municipal 12  33 

INCOMPETENCE,  ground  for  removal 12  201 

INCREASE, 

In  salaries 4  164 

In  salaries IV2  158 

In   salaries 41-42  226 

Liabilities,  vote  of  people,  legislature  or  constitu- 
tional    13  13 

Tax   rate 13  33 

INDEBTEDNESS, 

Bank,  deposits  of  public  funds 2  51 

Deduction  from  demands.... 6  48 

Limit    of 9  190 

(See  Bonds,  Debts,  Liabilities) 

INDEPENDENCE  DAY,  celebration  of 18  11 

INDIGENT, 

Exempt  firemen,  relief 36  13 

School  children 1  131 

INDUSTRIAL,  spur  tracks 3  9 

INEBRIATES,  ward,  San  Francisco  hospital 8  161 

INFERIOR  SUPPLIES,  acceptance  by  officer 4  27 

INFORMALITIES,    elections 23  174 

INITIATIVE, 

Affidavit   of  verification 2  175 

Additional  signatures 3  177 

Any  number  of  measures,  etc.,  may  be  submitted 

on  one  petition 8  179 


288  Index 

Section  or 
Subdivision      Page 

INITIATIVE  (Continued) 

Appropriation    3  177 

Arguments   10  179 

Ballots,  form  of 6  178 

Bond  issue  election  not  to  take  precedence  of 11  180 

Budget    appropriation 14  180 

Certificate  by  Registrar. 3  177 

Charter    amendments 7-12      178-180 

Citation  to  signer 3  176 

Commissioners  calling  election 3  177 

Commissioners  calling  special  election 4  178 

Competing  and  conflicting  measures 7  178 

Conflict  in  provisions  of  law,  charter  controlling....  8  179 

Declarations  of  policy 13  180 

Denial  of  signature 3      176-177 

Disregard,  irregular  signatures 2  175 

Election, 

Laws  governing 8  179 

Mandatory    11  180 

When  to  be  held 3  177 

Extra   help 3  177 

General  election,  when,  percentage 5  178 

Go  into  effect  ten  days  after  official  count 6  178 

Highest  number  of  votes 7  178 

Insufficiency  of  petition 3  177 

Mailing  printed  measure  and  sample  ballot 9  179 

Majority    vote 6  178 

Not   more   than  one    special   election    within   six 

♦                  months  8  179 

Petition,  filing  of 1-2      174-176 

Petition,  form  of 2      175-176 

Precincting  2  176 

Sample    ballot 9  179 

Sample  sheets,  etc 2  175 

Signatures  to  petition 2-5      175-178 

Soliciting  signatures 2  175 

Sufficiency  of  petition 3  177 

Supervisors'  duty  to  fulfil  election  mandate 13  180 

Supplemental    petition 3  177 

Ties,  resubmission 7  178 

Validity  presumed  until  otherwise  proved 2  176 

Verification  of  petition  by  Registrar 3      176-177 

Vetoing,  amending  or  repealing  power  vested   in 

people 7  179 

Voter  expressing  preference  in  similar  measures....  7  178 

Withdrawal  of  signature 2  176 

INJURY,   death   from 4  145 

INNOCENT  PERSONS,  return  of  property  by  police...  2  143 

INQUESTS,  interpreters,   compensation 20  11 

INSANE  PERSONS, 

Property  taken  from 1  143 

TeniDorary    detention 10  10 

INSPECTION, 

Books  and  records  of  departments  by  public 13  217 

Electrical  wires  and  appliances 6  159 

Fire  Wardens,  buildings 1  154 

Included  under  incidental  expenses 26  96 

Liquor  permits 3  137 

Permits,  Police  Commission 9  138 

Police  Department  records 13  217 


Index 


289 


Section  or 

Subdivision  Page 

INSTALLMENTS, 

Assessments,  opening,  etc.,  of  streets,  ten  years 1      100-101 

Payment  not  to  exceed  twenty-five  per  centum  of 

assessed  valuation 33  99 

Street    assessments 33  99 

Taxes,  payment  of 17  35 

Tunnel,  subway  and  viaduct  assessments 2  122 

INSTITUTIONS, 

Health    Department 3  160 

Sanitary  supervision  of  municipal 3  160 

(See  Public  Buildings,  Libraries,  Schools,  Jails) 

INSTRUCTIONS  TO  VOTERS 10a  168 

INSUFFICIENT  SIGNATURES,  initiative  petition....  3  177 

INTELLIGENCE  OFFICE  KEEPERS, 

Permits  9  138 

Supervision  of  Chief  of  Police.. 7  140 

INTEMPERANCE  (See  Drunkenness) 

INTEREST,  balance  to  ensuing  fiscal  year 5  36 

Bonds,  purchase  of  public  utilities 5  189 

Bonds,  tax  levy  to  pay 12  193 

Budget    provisions 2  30 

Construction  period,  purchase  by  city 7a  -  37 

Delinquent  assessments 13  105 

Deposits  of  public  funds 2  50 

Installment    payments 33  99 

Official  in  contracts,  etc.,  prohibited 6  216 

Opening,  etc.,  of  streets 1  101 

Payments,  street  assessments 33  99 

Public  Utilities, 

Bonds 10  190 

Earnings  1  194 

Municipal,  earnings 12  33 

Revolving  fund „ 291/2  221 

Street  assessments 15  90 

Street  improvement  bonds 29^!  221 

Supervisors  to  provide  for 14  34 

Surplus, 

Earnings,  paying 12  193 

In  bond  issue 10  191 

Not  to  go  to  surplus  fund 16  34 

Taxes,  property,  to  meet : 12  33 

Tax  levy,  above  dollar  limit 11  33 

Tunnel,  subway  and  viaduct  assessments 2  122 

INTERLINEATION,  bids  for  public  work 16  74 

INTERNES,  San  Francisco  Hospital 9  161 

INTERPRETERS, 

Appointment,  Superior  Court 1  58 

Coroner's  jury  examinations 1  58 

Salaries,  limit  of 20  11 

Superior  and  Police  Courts 20  11 

INTERSECTIONS,  hearing  of  objections 4  80 

INTOXICATED  PERSONS  (See  Drunkenness) 

INVALIDATE, 

Elections,  informalities 23  174 

Recall  elections 1  182 

Street  improvement  assessment 14  90 

INVESTIGATIONS, 

Bonds,  official 3  17 

Civil  Service  Commission 13  201 

Coroner  1  58 

Finance    committee 3  16 

Fire  Marshal,  cause  of  all  fires 4  154 


290 


Index 


Section  or 
Subdivision 

INVESTIGATIONS  (Continued) 

Initiative    petition 3 

Mayor,  of  officers,  etc., 2 

Offices,    public 3 

Police  Department 8 

Public  service  corporations 4 

INVESTMENTS, 

By  City  and  County 2 

Bequests,  parks,  in  bonds 8 

ITEMS, 

Budget    .-.  3-4 

Demands  to  specifiy 5 

Dollar  limit,  excluded  from 11-13 

Veto  separate  items  in  bill 14 

J 

JAILS, 

Jailers,  guards,  etc.,  appointment  and  salaries 2 

Power  to  provide  and  maintain.. 11 

Sanitary  supervision  of 3 

JANITORS,  appointment 4 

JEFFERSON  SQUARE,  fire  alarm  station 6a 

JOINT, 

Custody  safe .-. 3 

Repair  of  track  by  railroads 28 

Use, 

S'treets  by  street  railroads 27 

Tracks,  five  blocks 5 

Tracks,  ten  blocks 27 

JOURNAL  OF  PROCEEDINGS, 

Ayes  and  noes,  Supervisors 3 

Objections  by  Mayor  to  bills 16 

Tax  limit,  suspension  of 13 

Vote  on  reconsideration 16 

JUDGES    (See   Superior  Court,  Justices'   Court  and 
Police  Court) 

Appointment  of  interpreters 1 

Election  of,  at  what  time : 1 

Interpreters  for,  when  may  be  appointed 1 

Police  Court 1 

Reporters  for 2 

Soliciting,  to  dismiss  case 3 

JUDGMENTS, 

Condemnation,  opening,  etc.,  of  streets 16 

Execution    sales 4 

Lien,  street  assessment 12 

Order  of  Court  to  pay 16 

Surplus  fund,  payment  out  of 3 

JUDICIAL  OR  LEGAL  DEPARTMENT  (See  separate 
offices) 

JULY  FOURTH,  celebration  of 18 

JUNK  DEALERS,  permits 9 

JUNK   SHOP    KEEPERS,    supervision    of    Chief    of 

Police 7 

JURIES,    Coroners' 1 

JUSTICES'  COURT, 

Chief  clerk  and  deputies 1 

Civil  Service,  employees  under  except  the  Clerk....  11  . 

Election  of,  at  what  time 1 

Justice  acting  as  Police  Judge 12 

Salaries,  justices 1 

JUSTICES  OF  THE  PEACE  (See  Justices'  Court) 


Page 
177 

45 

17 

137 

17 

52 

207 

30 

53 

33 

6 


62 
10 

160 
71 

206 

52 
12 

12 

123 

12 

4 

7 

33 

7 


58 
164 
58 
63 
58 
64 

108 
60 
88 

108 
36 


11 
138 

140 
58 

62 

199 

164 

66 

62 


-Index 


291 


Section  or 
Subdivision 

K 

KILLED  IN  SERVICE, 

Fireman   5 

Policeman  4 

(See  also  Death) 

L 

LABOR, 

Claim,  unpaid  bill 7 

Cleaning  of  streets 29 

Contracts  for  City  and  County 1 

Contract  for,  registering 9 

Day  labor 9 

Eight-hour  day 24 

Hours  of  labor  (See  Hours  of  Labor) 

Overtime    employment 7b 

Minimum  wage  (See  Minimum  Wage) 

Wages  of  laborers  under  street  railway  franchises  7b 

LABORERS, 

Civil  Service,  priority  of  registration 5 

Cleaning  and  sprinkling  of  streets 29 

Hours  and  wages  for  public  service 24 

Urgent  repairs  to  streets 30 

LAMP  DESIGNS,  approving 10 

LANDS, 

Acquiring  in  excess  of  actual  requirements 10 

Acquisition  (See  Acquisition) 

Appraisements    9 

Bond  issue  for  acquiring 29 

City  and  County,  owned  by  (See  City  Property) 

Civic  Center,  site  for 10 

Condemnation  (See  Condemnation) 

Conveyance  by  Supervisors 29 

Easement,  condemning 16 

Leasing  of  (See  Lease) 

Library  purposes,  authorizing  use  for 7 

Mission  Creek,  sale 9 

Park  Commissioners,  control  what 1 

Playground  Commission,  purchase 5 

Private  sale 9 

Public    libraries 4 

Purchase  (See  Purchase) 

Relief  Home  tract,  sale  and  purchase 10 

Sale  of  (See  Sale) 

Sale  by  City  and  County 9 

School  lots,  Outside  Lands 11 

Sewer  construction,  purchase  for 6 

Streets,  for  opening,  etc 1-19 

Subway,  tunnel  and  viaduct  construction 2 

Supervisors,  majority  vote  on  sale 9 

Titles,  conveyance  by  Supervisors 29 

Water  supply,  acquisition  for 15 

LANES, 

Assessment,  street  work 5-7 

Defective,  liability,  damages 5 

Excavations  in,  proceedings 9 

Grade    changes 1 

Included  under  term  "Street" 26 

Opening,  extending,  widening,  etc 1 

Open   public,  defined 1 

Repairs  to,  prior  to  acceptance 16 


Page 

156 
145 


28 
97 
25 
31 
72 
11 

39 

38 

197 
97 
11 
97 

208 

22 

21 
220 

22 

12 
108 

134 
20 

204 

211 
21 

133 

23 

20 
23 

111 
100-109 

121 
22 
12 

193 

84-85 

2 

71 

112 

95 

100 

77 

91 


292 


Index 


Section  or 
Subdivision 
LAW  LIBRARY, 

Act  continued  in  force 1 

County  Clerk,  collections 1 

Provision  for  maintenance  of 1 

LAWS, 

Chief  of  Police  charged  with  enforcement  of 3 

Fire  Marshal  charged  with  enforcement  of 4 

General  laws  governing  elections 5 

Local  enactment  by  Supervisors 1 

Mayor  to  enforce 2 

LAYING, 

Pipes,  conduits,  mains,  etc.,  no  exclusive  franchise  5 

Pipes,    regulating 1 

Tracks,  Board  of  Public  Works  regulating 1 

Wires  for  lighting  and  power,  regulating 1 

LEASE, 

Board  of  Education 6 

Custody   of 7 

Lands  owned  by   City 32 

Majority  vote  of  Supervisors 11 

Officials  barred  from  interest  In 6 

Park,  buildings  in 6 

Parks,  part  of,  restrictions 6 

Public  utility,  submission  to  people 1 

Referendum,  ordinance  authorizing 7 

Reversion  of  buildings  and  improvements  by  lessee 

to  city 11 

School  real  property  not  needed 11 

Signature,  Clerk  of  Supervisors 7 

State  of  California,  exposition  building  in  Golden 

Gate  Park 9 

Street  railway  roadbed  and  tracks 7 

Wharves,  provision  for 2 

LEGAL  ADVICE, 

City  Attorney  to  all  departments •  2 

District  Attorney  to  give  certain  officers 2 

LAW  BOOKS, 

Chief  of  Police 4 

City    Attorney 4 

LEAVES  OF  ABSENCE, 

Fire  Department 2 

From    State 3 

Military    service 21 

Without  loss  of  pay 2 

LEGACIES   (See  Bequests) 

LEGAL  DEPARTMENT  (See  under  separate  headings) 

L'EGISLATIVE  ACTS, 

By    ordinance 8 

Initiative,  action  by  people 1-16 

Power  vested  in  Supervisors 1 

LEGISLATIVE  DEPARTMENT  (See  Supervisors) 
LEGISLATURE, 

Amendments  to  charter,  approval 

Charter,   approval   of 

Land  titles  act 29 

Officer  or  employee  cannot  become  a  member  of..  4 
LESoiiill/, 

Deducting  assessment,  etc.,  from  rent 20 

School  lot,  improvements  by,  reverting  to  city 11 


Page 

67 
67 
67 

139 

154 

164 

8 

45 

17 
70 
70 
70 

125 
•       5 

13 
127 
216 
206 
206 
181 

20 

127 
127 

5 

207 

20 

112 

58 
60 

139 
59 

158 
215 
203 
158 


5 

174-180 

4 


1 

226-227 

12 

216 

93 

127 


Index 


293 


T  tPtr-v  Section  or 
L»tj\Y,                                                                                                             Subdivision      Paeo 

Political   purposes 32  223 

School    tax 1  130 

Street  assessments 9  83 

Tax,  when  made  and  limit  (See  Taxes) 11-13  32-33 

LIABILITY.  LIABILITIES, 

Board  of  Public  Works 5  3 

City    and    County    of    San    Francisco,    damages, 

defective    work 5  2 

City  Attorney,   advice 2  58 

Firemen's  relief  fund 8  157 

Funds  available  against 9  31 

Illegal  demands,  penalty 11  217 

Legislative     and     constitutional     enactments     in- 
creasing    13  33 

Not  to  be  paid  from  funds  of  another  year 13  34 

Not  to  exceed  monthly  proportion 9  31 

Officer  for  acts  of  deputies 6  214 

Pensions,  Police  Department 9  147 

People,  vote  of,  increase  in 13  33-34 

Private  contracts,  city 22  77 

Treasurer  on  official  bond 4  40 

LIBRARIES, 

Actions  at  law 4  133 

Bequests,  etc.,  in  aid  of 3  133 

Books  and  publications,  purchase 13  34 

Books  and  publications,  purchase 2-4      133-134 

Branches,  establishing 7  134 

Buildings,  erecting  and  equipping 2-6      133-134 

City  property  may  be  used  for,  when 7  134 

Civic  Center,  land  for 10  23 

Expenditures  2  35 

Fund, 

Balance  to  ensuing  fiscal  year 5  36 

Consists  of  what 2  35 

How  created  and  applied 2-3      132-133 

Payments  upon,  how  ordered 5  134 

Proceeds  of  tax  levy 2  133 

Revenues  paid  into 2-3  133 

Gifts  3  133 

Law  library 1  67 

Librarians 5  133 

Maintenance,  suspension  tax  limit 13  34 

Managed  by  twelve  trustees 1  132 

Memorial  tablets,  donors 5  133 

Offcers  and  assistants,  appointment  and  removal  3  134 

Payment  by  vouchers 5  134 

Personal   property 4  133 

Powers  and  duties  of  trustees  and  assistants 5-6      34-1^5 

President    5  133 

Purchasing  or  leasing  property 2  133 

Real  estate 4  133 

Rules,  regulations  of  library  and  branches 1  134 

Salaries  of  assistants 6  134 

Secretary   5  133 

Surplus  in  funds  not  to  go  to  surplus  fund 16  34 

Tax  levy  for 2  133 

Trustees. 

Continued  in  office 1  132 

Meetings  and  proceedings 5  133 

Quorum  5  133 

Serve  without  salary 1  132 


294 


Index 


Section  or 
LIBRARIES    (Continued)  Subdivision 

Trust  for,  administration 2 

Vacancy  in  Board  of  Trustees,  how  filled 1 

LIBRARY  BONDS,  sale  of 10a 

LICENSES, 

Auditor  to  deliver  to  Tax  Collector 5 

Collections  by  Tax  Collector 2 

Examination  of,  by  Tax  Collector 4 

Exhibition  of 4 

Income  from,  estimate 2 

Police  Relief  and  Pension  Fund,  payment  into 11 

Revocation  of,  by  Tax  Collector,  when 4 

Supervisors  to  impose  and  provide  for  collection..  15 

Tax  Collector  to  make  monthly  report  on 5 

LIENS, 

Actions  to  enforce 15 

Bond  of  contractor 7 

Lessee,  street  work  expense 20 

New  street  assessment 12 

Street  excavation  expense 9 

Warrants,  street  assessments 12 

LIEUTENANTS, 

Fire   Department 1 

Police    Department 1-3 

LIGHTING, 

Acquisition  of  plants  by  City 1 

Appliances,  location  and  quality 13 

Board  of  Public  Works,  charge  of 3 

Department  of  Electricity,  supervision 6 

Finance      Committee      examining      corporations' 

books,   etc 4 

Franchises,  granting 7 

Lamp  designs,  approving 10 

Offers  for  sale  of  plants  to  City 2 

Percentage  of  receipts 7 

Poles,  erection  of,  franchises 7 

Public  offices,  bills  for : 6 

Rates  to  be  established 14 

Streets  and  public  buildings,  contracts  for 6 

Streets,  parks,  etc 3 

Supervisors,  power  to  regulate 13 

Uniform  rates,  contracts 6 

Wires  for  power,  franchises 7 

LIMIT, 

Assessed  valuation 33 

Bonded   indebtedness 9 

Demands,  presentation  of 1 

Dollar  limit,  taxation 11 

Employees,  number  of 5 

Expenditures,  monthly 9 

Extensions  of  time,  contracts..... 21 

Fire  limits 5 

Park  tax 11 

Progressive  payments  on  contracts 21 

School  tax  levy 1 

Street  assessments 8 

Street  improvements,  special  provision 33 

Street  work  ordinance 33 

Supplies,  officers  buying ...:.  5 

Taxation,  City  and  County  purposes 11-13 

Tax  rate,  sixty-five  cents  over  dollar 13 

Temporary   appointment? 10 


Paee 
134 
132 
192 

55 

54 
49 
55 
30 
147 
55 
10 
55 

91 

28 
93 

88 
72 
88 

153 
140-141 

186 

10 

■   70 

159 

17 
19 
208 
186 
20 
19 
28 
10 
27 
70 
10 
27 
19 

99 
190 

43 

33 
216 

31 

76 

9 

208 

77 
131 

83 
99-100 

99 
216 

33 

34 
198-199 


. Index 


295 


Section  or 
Subdivision 

LINES,  public  ways  and  grounds 10 

LIQUOR, 

Licenses,  police  pensions 11 

Police  Commission  may  grant  permits 3 

LITIGATION,  City  Attorney  settling 2 

LOBOS  SQUARE,  use  for  exposition 13 

LOCAL,  laws,  enactment  by  Supervisors 1 

LOCATION,  water,  heat,  light,  etc.,  services 13 

LOST   PROPERTY 1-3 

LOTS, 

Method  of  assessing  for  street  improvements 9 

Ownership,  ignorance  of 9 

School  lots 11 

School  lots 3 

Transfer  to  other  departments 31 

LOWEST  BID, 

Bonds,   redemption  of 3 

Change  of  grade 9 

Contracts  for  supplies 1 

Official  advertising 2 

Repairs  to  streets , 16 

Stationery  supplies 3 

M 

MACADAMIZING,  included  under  what 26 

MACHINERY, 

Cleaning  and  sprinkling  of  streets 29 

Corporation  store  yard 32 

MAILING,  initiative  petition 9 

Notice, 

Change  of  grade 13 

Protestants,  assessment  district 5 

Opening,  etc.,  of  streets 4 

Street  improvements 4 

Resolutions  of  intention _ 3 

Sample  ballots 17 

Street  work  notices 26 

MAINS, 

Franchise,  no  exclusive  for  laying 5 

Laying  in  streets.  Board  of  Public  Works  regulat- 
ing     1 

MAINTENANCE, 

Accepted   streets 23 

Fire  alarm  system : 1 

Playgrounds  10 

Police  telegraph  and  telephone  system 1 

Public  buildings 6 

Public  utilities 8 

Public  utilities 14 

Sewerage  and  drainage  systems 7 

MAJORITY, 

Frontage,  street  work 19 

Frontage,  street  work 4 

MAJORITY  VOTE, 

Amendments  to  charter 22 

Bills  and  resolutions,  passage 9 

Bonds,  street  railway  purchase 7a 

Bonds  unsold 10 

Budget 3 


Paee 
208 

147 
136 

58 

209 

8 

10 
143 

83-84 

103 

127 

132 

13 

37 
116 
24 
25 
92 
27 


95 

97 

98 

179 

118 
81 

102 
80 
79 

170 


17 


94 
159 
212 
159 

71 

71 
193 

71 

75 
79 


o 

38 

191 

30 


296  Index 

MAJORITY  VOTE  (Continued)  Subdivision     Page 

Change  of  grade  ordinance 17  120 

Counting  of  ballots 19-21      171-173 

Extension  of  time  on  contracts 21  76 

Franchise  grant 6  19 

Initiative  petition 6  178 

Library  trustees 6  133 

Public  utilities,  acquisition  of 4  188 

Referendum  elections 1-9      181-182 

Sale  of  City  lands 9  22 

School  lot  lease 11  127 

Sewer, 

Construction   8  111 

Cost  exceeding  certain  unit 2  78 

Lands  for 6  111 

Street, 

Improvements,    ordering 2  78 

Opening,  widening,  etc 1  100 

Work,  Supervisors  ordering 33  98 

Suspension  of  officer 19  218 

Tunnel,  subway  and  viaduct  construction 1  121 

Urgent  necessities  fund,  expenditures  from 8  31 

MANHOLES, 

Crossing,  hearing  of  objections 4  80 

Included  under  what.....". 26  95 

MANUFACTURERS, 

License  taxes 15  10 

Patented  pavement 26  95-96 

MAPS, 

Assessment    district 5  82 

Board  of  Public  Works,  custody 8  69 

Street  assessment 2  78 

Subdivisions,   new 28  96 

MARSHAL,   fire 1-5      1 53-1 54 

MATERIALS, 

Board  of  Public  Works,  satisfaction  of 22  77 

Bond  of  contractor , 7  28 

Claim  of  materialmen  against  contractor 7  28 

Cleaning  of  streets 29  97 

Corporation  store  yard 32  98 

Failure  of  contractor  to  pay  for 7  28 

Officer  accepting  inferior,  penalty 4  27 

Public  utilities,  municipally  owned 8  71 

Sewer  construction 2  110 

Specifications,  in  accordance  with 22  77 

Storekeeper  32  98 

Urgent  repairs  to  streets 30  97 

Use  of  street  in  building  construction 1  70 

MATRONS, 

Branch  jail,  appointment 2  62 

Police,    appointment 4  137 

MAYOR, 

Acquisition,  public  utilities 3  187 

Acting  Mayor,  provision  for 6  46 

Additional  deputies,  etc.,  recommend,  when 35  223 

Agreements,  performance  of 3  46 

Appointed  officer,  removal  of 18-20  218 

Appointments, 

During  period  of  suspension 18  218 

Of   deputies 1  45 

Officers  not  otherwise  specified 4  46 

Under  new  charter,  when 36      223-224 


.  Index  297 

MAYOR  (Continued)                                                            SubdivLfo'n  Page 

Arbitrators,  franchise  purchase 7a  37 

Auditor's  salary,  auditing 13  42 

Ballot,  arrangement  of  office  on 10b  168 

Board  of  Education,  appointment 1  124 

Board  of  Health,  appointment  of  seven  members..  1  160 

Board  of  Public  Works,  appointment 1  68 

Bonds, 

Franchise  bid,  approval 6  18 

Mayor,  amount,  approval  by  Auditor 1-2  213 

Official 3  17 

Official,  approval  of 1  213 

Redemption   of 7  37 

Signing   of , 11  192 

Unsold,  sale  of 10  191 

Budget  4  30 

Charges  against  suspended  officer 19  218 

\Ciii^ executive  officer  of  City 1  45 

Civil  Service  Commission, 

Appointment  1  195 

Report  15  201 

Contingent  fund 35  13 

Contracts  to  be  executed  by 5  27 

Contracts  to  be  supervised  by 3  46 

Defalcation  by  officers 4  17 

Defalcation,  suspension  for 2  45 

Demands,  approval  of 19  7 

Deposit  of  public  funds 2  50 

Designs,   approving .'. 10  208 

Disability  of,  who  to  act  as  Mayor 6  46 

,^^PtrttBS,  and  supervision  of  municipality 2  45 

Elected  officer,  suspension 18-20  218 

Election  Commissioners,  appointment  of 1  163 

V.-Election  of 1  45 

^.,^lection  of,  at  what  time 1  164 

Employees  1  45 

Employees,  removal  of,  when 3  46 

Ex-Mayors  entitled  to  seat  with  Supervisors 2  4 

Fire  Commissioners,  appointment  of 1  149 

Four-year  term  for 38a  225 

Franchises. 

Annulling  of,  action  on 3  46 

Grant,    approval 6  19 

Postponement  for  final  action 3  46 

Purchase  7a  37 

Interest  rate,  deposits  of  public  funds 2  50 

Justice  of  Peace  acting  as  Police  Judge 12  66 

Laws,  enforcement  of 2  45 

Lease  of  city  lands 32  13 

Library  and  reading  rooms,  trustee 1  132 

Litigation,  dismissal 2  58 

Military  aid,  may  call  for,  when 2  45 

Official  Bonds, 

Approval  of 1-2  213 

Approval  of 2  213 

Mayor's  2  213 

Report  to  and  action  on 3  17 

Officers, 

Removal   18-20  218 

Suspension  3  17 

Suspension  2  45 

Suspension  18-20  218 


298  Index 

Section  or 

MAYOR   (Continued)                                                                      Subdivision  Page 
Ordinances, 

Approval  16  6-7 

Disapproving  16  6 

Enforcement  of 2  45 

Parts  of,  objection  to 14  6 

Submitted  to  referendum  by 2  181 

Outside  lands,  school  lots,  sale  of 11  23 

Park  Commissioners,  appointment 3  204 

Park  employees'  bonds 4  205 

Playground  Commissioners,  appointment 2  210 

Playground  employees'  bonds 3  210 

Police  Commissioners,  appointment 1  135 

President  of  the  Board  of  Supervisors 5  46 

Presiding  officer,  Board  of  Supervisors 5  5 

Proclamation  for  municipal  elections 9  168 

Public  utilities,  acquisition,  action  on 3  187 

Qualifications 1  45 

Referendum,   ordinance 2  181 

,  Removal  of  appointed  officers 18-20  218 

/Reports,  annual,  by  departments 9  217 

Requisitions,  supplies 3  27 

Riots,  suppression  of - 2  45 

Salary  of 1  45 

Sale  of  City  lands :. 9  21 

School  lot  lease 11  127 

Secretary    to 1  45 

Street  railway  franchise,  purchase 7a  37 

Supervisors,  extra  sessions  of,  may  call 5  46 

Supervisors,  extra  sessions  of,  may  call 19  218 

Suspension  of  Officers, 

In  certain  cases 2  45 

When  18-19  218 

Tax  limit,  approved  suspension  of,  when 13  33 

Term  of  office 1  45 

Treasurer's  report  on  condition  of  treasury 2  49 

Urgent  necessities,  expenditures 8  31 

Vacancy  in  office  of,  how  filled 6  46 

Veto, 

Annual  budget,  how  and  when 4  30 

Separate  items 14  6 

Votes  for  office,  how  computed 25  174 

Warrant  and  Bond  Clerk,  removal 7  65 

MEDICINE,   STUDY  OP,  privileges,   San   Francisco 

hospital    7  161 

MEETINGS, 

Absence  from 3  4 

Attendance,  compelling 3  4 

Board  of  Education 3  124 

Board  of  Public  Works : 5  69 

Board  of  Supervisors 6  5 

Budget  ■     3  30 

Election  Commission,  special,  call  of  Registrar 3  177 

Finance  Committee 4  17 

Fire  Commission 4  149 

Fire  Pension  Fund  Commission 8  157 

Mayor,  attendance  at 2  45 

Park    Commission 4  205 

Playgrounds    Commission 3  210 

Police    Commission 4  136 

Police  Pension  Fund  Commission 9  146 

Public    .,-,-., 6  5 


.   Index  299 

Section  or 
Subdivision      Pnge 

MEMBERS, 

Board  of  Equalization 2  16 

Board  of  Supervisors .- 2  4 

Finance  Committee 3  16 

Fire   Department 1  151 

Police  Department 3  135 

MEMORIAL  DAY,  appropriation  for  celebration  of. ..  18  11 

MEMORIALS, 

Erection   10      207-208 

Tablets,  donors 5  l33 

MERIT,  promotion  for 1  142 

MILEAGE   FEES 11  41 

MILITARY  AID,  may  be  summoned,  when 2  45 

MILITARY  SERVICE, 

Leave  of  absence,  reinstatement 21  203 

Pension  right.  Policemen  and  Firemen 43  226 

MINIMUM  WAGE, 

Contracts,  performance  of 1  25 

Laborers  24  11 

Street  railway  franchise 7b       38-39 

MISDEMEANOR,    Finance    Committee    reporting   to 

Mayor   ^ 4  17 

MISFEASANCE  BY  OFFICERS,  contracts 4  27 

MISSION  CREEK,  sale  of  lands  by  City  and  County..  9  20 

MISSION  PARK,  playground 9  212 

MODIFICATION  (See  Change)' 

MONEYS  (See  also  Funds) 

Action  to  recover  City's .' 14  43 

All  collected  must  be  paid  to  Treasurer 34  223 

Auditor, 

Approval  for  payment  of 3  47 

To  hold,  due  on  contract 10  32 

Warrant  necessary  to  draw 6  31 

Bail,  accounting  for 5  65 

Change  of  grade  assessments 12  118 

City  and  County  investing , 2  52 

Collections  of,  paid  into  treasury 1  39 

Court  moneys 4  36 

Custody,  public  moneys 1-11  39-41 

Daily  requirement  to  meet  demands 3  52 

Deposited  daily  in  treasury,  all  to  be 17  218 

Deposit  in  banks 2  50-52 

Disbursement  of 15  34 

District  Attorney 2  60 

Gold  and  silver,  how  to  be  kept •. 3  52 

Licenses,  collection  and  payment  into  treasury....  2  54 

Lost,  stolen  or  unclaimed 1-5      143-144 

On  hand.  Treasurer  to  take  account  daily 2  49 

Only  to  be  drawn  by  appropriations 6-7  31 

Property  Clerk  depositing  with  Treasurer 5  144 

Receipts  for  deposits  counted  as  cash 2  51 

Street  assessments 8  107 

Taxes,  collection  and  payment  into  treasury 2  54 

Treasurer, 

Monthly  report 8  41 

Receipts   4  52 

Receive  and  safely  keep 2  49 


300 


Index 


MONTHLY, 

Demands,  presented  within  one  month 

Expenditures,  limit : 

License    reports 

Salaries,  payable 

Treasurer's  report  on  condition  of  treasury 

MONUMENTS,  approval  by  Park  Commission 

MORGUE, 

Coroner  to  control  and  manage 

Provision  for  by  Supervisors 

MOTION  TO   RECONSIDER 

MOUNTAIN  LAKE  PARK,  Jurisdiction,  Park  Com- 
mission  

MOVING,  buildings  through  streets 

MOVING  PICTURES,  police  officer  detailed  to 

MUNICIPAL  ELECTIONS 

MUNICIPAL  OWNERSHIP, 

Acquisition  of  public  utilities 

Financial  results  of 

Intention  of  the  people 

Public  interest  demanding 

Street  railways 

Water  works  and  sources 

MUNICIPAL  RAILWAY, - 

Board  of  Public  Works,  charge  of  construction, 
operation,  etc : 

Geary    street   railroad    employees    preferred    for 
appointment 

Tunnel,  subway  or  viaduct,  joint  or  single  opera- 
tion   

MUNICIPAL  UTILITIES, 

Board  of  Public  Works,  control  of  construction 

and  operation 8 

Data,  plans,  estimates  to  be  furnished  by  Board  of 

Public   Works 10 

Experts  8 

MUNICIPALITY  (See  City  and  County) 
MURAL  DECORATIONS,  approval  by  Park  Commis- 
sion             10 

MUSEUM, 

Academy  of  Sciences 11 

Gifts  and  control  over 6 

N 
NAVY, 

Pension  right,  policemen  and  firemen 43 

Service  in,  reinstatement 21 

NEGLECT,  NEGLIGENCE, 

Board  of  Public  Works 5 

Contract  for  supplies,  to  enter  into 1 

Defective  street  or  sewer 5 

Of  duty,  suspension  from  office  for 2 

Officer, 

To  make  daily  deposits  in  Treasury 17 

To  make  reports  or  returns,  action  by  Auditor  6 

To  qualify  within  prescribed  time 10 

Repair  to  streets,  making 18 

Reporting  violations 3 

Supervisors  enforcing  public  utility  provisions 13 

NEGOTIATIONS,  acquisition  of  public  utilities 4 


Section  or 
Subdivision   Page 

1 
9 
5 
1 
2 
10 

43 
31 
55 
43 
49 
207 

1 

9 

12 

55 

10 

6 

1 

1 

12 

.   1-25 

204 

70 

148 

164-174 

1 
3 

'  i 

7a. 
1 

186 
194 
186 
186 
37 
186 

'    8 

71 

lib 

200 

5 

123 

71 

72 
71 


207 

208 
206 


226 
203 

3 

24 

3 

45 

218 
48 

217 
93 
46 

193 

188 


Index 


301 


NEW, 

Assessment   

Assessment,    street 

Streets  and  subdivisions 

Subdivisions    

Positions,  creation 

Positions,  designation 

NEWSPAPER, 

Official  advertising ^ 13 

Official  newspaper  (See  Official  Newspaper) 

NINETY  DAYS, 

Claim  of  materialmen 7 

Final  passage,  franchise  grant 12 

Franchise,  street  railway,  final  passage 6 

NINTH  STREET,  sale  of  lands 9 

NOES  (See  Voting) 

NOMINATION, 

Officers,  municipal  elections 5 

Recall  election 5 

NON-RESIDENCE, 

Civil  Service  provision 2 

Creates  vacancy  in  office 10 

Forfeit  right  to  police  pension 5 

Forfeiture  of  pension.  Fire  Department 6 

NON-SECTARIAN,  schools  must  be 1 

NOTICES, 

Advertising,    official 2 

Affidavit  of  publisher  of  official  newspaper 26 

Appeal  from  street  assessment 14 

Assessment  for  repaving  on  change  of  grade 12 

Assessment  on  opening,  etc.,  of  streets 13 

Award  of  contract  by  Board  of  Public  Works 17 

Bids  rejected  and  proposals  readvertised 5 

Board  of  Public  Works, 

Posting  and  publishing  all  notices 6 

Special  meetings 5 

Bond  election 8 

Census  marshals,  appointment  of 7 

Changes  of  Grade 1 

Objections  to,  by  mail 8 

Payment  of  damages 13 

Report  7 

To  be  posted 1 

City  Attorney  by  Auditor,  as  to  money  due  City.....  14 

Civil  Service  Commissioners,  appointments,  etc 13 

Civil  Service  examinations 6 

Cleaning  and  sprinkling  streets 29 

Closing  of  streets,  application 27 

Completion  of  school  house 1 

Contract  for  public  work,  posting  and  publishing..  14 

Defective  street,  what  to  contain 5 

Franchise  purchase 7a 

Funds  available  against  liabilities 9 

Heads  of  departments  to  Civil  Service  Commis- 
sion    9 

Improvement  of  streets,  posted  along  streets 3 

Leasing  of  City  lands 32 

Materialmen,  bill  not  paid 7 

Mayor,  to,  violation  of  contract  with  City 3 

Objections  to  assessment  district,  by  mail 5 

Objections  to  opening,  etc.,  of  streets 4 


Section  or 

Subdivision 

Page 

11 

104 

12 

88 

28 

96 

28 

96 

41 

226 

2 

196 

29 
6 

19 

20 


165 
183 

215 
217 
146 
156-157 
129 

26 

96 

89-90 

117 

104 

73 

27 

69 

69 

190 

126 

113 

115 

118 

115 

112 

43 

201 

197 

97 

96 

132 

73 

3 

37 

31 

198 
79 
13 
28 
46 
81 

102 


302 


Index 


NOTICES  (Continued)  S^bdwfs 

Opening,  etc.,  of  streets,  report  on 10 

Owner,  award  of  damages 15 

Owners  may  do  work  within  ten  days  after  post- 
ing of 19 

Paving  between  railroad  tracks 24 

Pension  hearing,  claim  by  police  member's  family  4 

Permits,  Police  Commission,  complaints 9 

Posted  or  served,  how 26 

Posting  and  mailing  of ». 3 

Proposals  for  public  work,  to  contain  what 15 

Protestants    to    improvement    of    streets,    to    be 

mailed  4 

Published  in  official  newspaper 26 

Recall  election 4 

Removal  of  appointed  officer 20 

Repairs  to  streets,  bids  for,  to  be  posted  three 

days,  to  specify  what 16 

Repairs  to  streets,  written  to  owner 16 

Repaving,  awards  of  contract,  on  change  of  grade  9 

Sale  of  lands  owned  by  City 9 

School  houses,  repair  of 2 

Street  railway  franchises 6 

Street  work,  publication 26 

Supplies, 

Proposals  for,  to  contain  what 1 

Quantity  and  manner  of  delivery 3 

Suspension  of  officer '    19 

Taxes,  delinquent  date 17 

To  pay  money  due  City  within  twenty  days 14 

Treasurer  to  send  bank  before  sale  of  bonds  held 

as  security 2 

Trial  of  police  officer 3 

NUISANCES, 

Abatement  of,  by  Board  of  Health 3-4 

Supervisors,  abatement  and  removal  of 6 

NUMBERS, 

Coupons  on  bonds 11 

Documents  recorded 2 

Initiative    petition 2 

Treasurer's  receipts 4 

O 

OATHS, 

All  officers  may  administer 24 

Auditor,  by 6 

Board  of  Public  Works  Commissioners  adminis- 
tering    6 

Civil  Service  Commission 1 

Clerk  of  Supervisors  to  administer 7 

Finance  Committee,  administering 3 

Initiative    petition 2 

Opening,  etc.,  of  streets 6 

Petition,  charter  amendments.. 22 

Police   Commission 8 

Service,  notices.  Board  of  Public  Works 22 

Sponsors,  candidates  for  office 5 

OBJECTIONS, 

Assessment    district .,...  5 

Board  of  Public  Works,  street  improvement 2 

Change  of  grade 8 


n  Pasre 
104 
108 

75 
94 
145-146 
138 
96 
79 
73 

80 

96 

183 

218 

84 
91 

116 
21 

132 
18 
96 

21 
23 
218 
35 
43 

51 
142 

160-161 
9 

192 

56 

175 

52 


219 

48 

102 

195 

5 

17 

175 

102 

8 

137 

94 
166 

81 

78 

115 


Index  303 

OBJECTIONS  (Continued)                                                 S^uMivrsron  P»e*. 

Closing  of  streets 27  96 

Hearing  of 4  80 

Opening,  etc.,  of  streets 4-5  102 

Ordinances  by  Mayor 16  6 

Overruling  by  Board  of  Public  Works 4  '80 

Overruling  by  Supervisors...'. 5  102 

Owners,  street  improvement 4  79 

Sale  of  City  lands,  by  Supervisors 9  22 

Subway,  tunnel  and  viaduct  assessment 2  122 

Unimproved  portion  of  street 4  80 

OCCUPANCY,  unsafe  structures,  preventing 6  9 

OFFAL, 

Conveyance  to  parks 4  9 

Board  of  Health  supervising  disposition 3  160 

OFFENSIVE  SUBSTANCES,  disposition  of 3  160 

OFFERS  FOR  SALE,  public  utilities  to  City 2  186 

OFFICES  (See  Boards,  Departments) 

Ballot,  arrangement  on 10b  168 

Books  and  records,  open  to  public 13  217 

Budget  estimates 1  30 

Civil  Service  emoloyees  under  and  exempt 11  199 

Employees,  number,  how  limited 5  216 

Finance  Committee  visiting  and  inspecting 3  17 

Hours  open  for  business 14  217 

Officers  elected  to  take  office  when 2  165 

Police  officers,  tenure  of  during  good  behavior 2  135 

Stationery  for 3  26 

Supplies,  contracts  for 1  24 

Term  of  office  (See  Term) 

Vacancy,  appointment  by  Mayor 4  46 

OFFICERS  (See  under  official  titles) 

Absence  from  duties 6  48 

Absence  from  State,  limitation  on 3  215 

Accounts,  examination  by  Auditor 10  41 

Acts  of  employees,  liable  for 6  214 

Additional  deputies,  provisions  for 35  223 

Annual  reports  to  Mayor 9  217 

Appointed,  when  and  how  removed 18-20  218 

Appointment  by  Mayor  where  not  otherwise  spe- 
cified      4  46 

Appointments  of,  to  be  in  duplicate 22  219 

Bonds. 

Additional    5  214 

Conditions  in 3  214 

To  be  given  by 1  213 

Books  and  Records, 

Open  to  inspection 13  217 

To  be  delivered  to  successors 12  217 

Bribing, 

Prohibited    8  216 

Disqualifies    ' 15  218 

Charges,  hearing 12  200 

Citizenship  requisite  to  appointment 2  215 

Collusion  with  bidders 4  27 

Compensation   for  election  or  appointment   pro- 
hibited    7  216 

Compensation  limited  to  salaries  only 3  39 

Contract  violation,  duty  to  report 3  46 

Contracts,  not  to  be  Interested  in 6  216 

Copies  of  records,  etc.,  price  certified .♦.  13  217 


304 


Index 


OFFICERS  (Continued)  SuMi^i'si'o'^ti     Pace 

Custody  of  records 12  217 

Default  in  accounting  for  City's  money,  etc 14  43 

Demands,  approval  of 4-5  48 

Deposit  daily  of  moneys  collected 17  218 

Dismissing   employees 12  200 

Disqualified,  when * 6-8  216 

Duties,  condition  in  official  bond 3  214 

Election  of 1-12      165-170 

Election  of,  when  to  take  office 2  165 

Election  only  of  successors  to  those  whose  terms 

expire  in  January  following 38a  225 

Embezzlement  disqualifies 15  218 

Experts,  when 2  215 

Extra  assistants,  employment  of 12  42 

False  certifying  on  contracts,  penalty 4  27 

Pees,  etc.,  to  be  paid  into  treasury 3  39 

Fees,  prohibited  from  receiving 2  39 

Finance   Committee   investigating 3  16 

Four-year  term : 38a  225 

Franchises,  prohibited  from  being  interested  in. ...  6  216 

Gratuities,  penalty  for  accepting 8  216 

Hours,  office 14  217 

Illegal  payments,  penalty 11  217 

Increases  in  salary 41-42  226 

Ineligible  for  office,  when 15  218 

Interest  in  contracts,  etc.,  penalty  for 6  216 

Lease  by  or  to  City,  interest  in  prohibited 6  216 

Legislature,  can  not  become  a  member  of 4  216 

Liability  for  acts  of  deputies 6  214 

Liability  for  illegal  payments .* 11  217 

Liabilities  on  treasury,  contracting 9  31 

Materials  or  supplies,  accepting  inferior,  penalty  4  27 

Mayor  to  supervise  official  conduct  of..... 2  45 

Mileage  fees,  etc.,  report  of 11  41 

Misfeasance,  removal 4  27 

Moneys  collected  by,  to  be  paid  into  treasury 1  39 

Monthly  reports  of  all  official  receipts 9  41 

Neglect  to  make  report,  etc.,  action  by  Auditor 6  48 

Neglect  to  qualify  within   prescribed  time  after 

election  or  appointment  causes  vacancy....  10  217 

Nomination  of 1-12      165-170 

Not  depositing  funds  collected,  penalty  for 17  200 

Not  to  hold  other  salaried  offices 4      215-216 

Oaths,  power  to  administer 24  219 

Purchase  by  City,  interested  in  prohibited 6  216 

Recall  of  elected 1-13      182-185 

Receipts,  official 5  40 

Residence  for  one  year  required 2  215 

Residence  outside  city,  when 2  215 

Removal  of 18-20  218 

Removal  of  deputies  by,  when  and  how..,. 21      218-219 

Salary, 

Demands,  approval 13  42 

Monthly  payment 1  43 

Withheld  from,  for  not  making  returns 6  48 

Sale  to  or  by  City,  interest  in  prohibited 6-  216 

Sealer,  weights  and  measures 1  57 

Seals  to  be  provided  for 23  11 

Stationery  for,  not  to  contain  printed  names  of—.  3  23 

Supplies  for,  how  limited 5  216 

Surrender,  books,  documents,  etc 3  214 


Index 


305 


OFFICERS  (Continued)  slTbdivufJn     Page 

Suspensions, 

By  Maj^or 2  45 

By  Mayor 18-20  218 

Employee  12  200 

Terms  of  (See  Term) 

Treasurer's  receipts 4  53 

Two  salaried  offices,  penalty  for  holding 4      215-216 

Vacancies  in  office  of,  how 10  217 

Violation  of  duty,  report  to  Mayor 3  46 

OFFICIAL, 

Advertising,  contracts 2  25 

Bonds  (See  Bonds) 

Fees  and  charges,  fixing 17  11 

Newspaper  (See  Official  Newspaper) 

Pamphlets,  municipal  election 8  167 

Reports,  annual  of  each  department 9  217 

OFFICIAL  NEWSPAPER, 

Advertising  bills  and  resolutions 13  6 

Affidavit  of  publisher 26  96 

Bond  election 8  190 

Bonds,  sale  of 10  191 

Change  of  grade,  notice  of  assessment 12  117 

Circulation  requisite 2  25 

Closing  of  streets 27  96 

Delinquent  assessments 1  105 

Existence,  period 2  26 

Grade   changes 1  113 

Official  advertising 2  26 

Opening  of  streets,  notice 13  104 

Park  ordinances ?. 5  205 

Sale  of  City  lands 9  21 

School  Department  supplies 2  128 

School  property  lease 11  127 

Streets,  opening,  closing,  etc.,  notice 3  101 

Street  work  notices,  etc 26  96 

Supplies^  proposals  for 1  24 

Treasurer's  report  on  condition  of  treasury 2  49 

OFFICIALS  (See  Officers) 

OILS,  enforcement  of  laws  by  Fire  Marshal 4  154 

OMISSIONS  OF  EMPLOYEES,  officer  liable  for 6  214 

ONE-TWELFTH  ACT,  expenditures '9  31 

OPEN  PUBLIC  STREETS  (See  Streets) 

OPENING  OF  STREETS 1-19      100-109 

OPERA  HOUSE,  erection  and  ownership 10  23 

OPERATING  EXPENSES,  public  utility 1  194 

OPERATION. 

Exclusive  right 5  123 

Municipal  public  utilities,  Board  of  Public  Works 

control  of 8  71 

Public  utilities 14  193 

Street  railway,  continuous 6  19 

Street  railway  through  tunnel,  subway  or  viaduct  5  123 

OPERATORS,  Chief's,  Fire  Department 4  153 

OPINIONS, 

City  Attorney  rendering 2  58 

City  Attorney  to  keep  file  of 3  59 

District  Attorney  to  certain  departments.... 2  60 

ORDERS, 

Advertising,   official 2  26 

Change  of  grade 17  120 

Court  to  pay  judgment 16  108 


306 


Index 


ORDERS    (Continued)  Subdivision      Paee 

New  assessment  to  be  made 11  104 

Police  Court,  execution  of - 3  139 

Property  as  evidence,  production 4  144 

Street  Improvements 1  77 

Street  work  by  Supervisors 33  99 

Tunnel,  subway  and  viaduct  construction 1  121 

ORDINANCES, 

Acceptance  of  streets 23  94 

Acquisition  of  lands  and  municipal  buildings 29  220 

Additional  employees 35  223 

Adoption  of  by  people 1  174 

Advertising  of 13  6 

Advertising,  official , : 2  26 

Amendment,  laid  over  one  week  after. 12  6 

Amendments   to 10  5 

Approval  by  Mayor,  how  valid  without 16  6-7 

Assessments,  streets 33  99 

Ayes  and  noes 9  5 

Board  of  Health  to  submit  draft  of 4  161 

Board  of  Public  Works,  control  over 9  70 

Bonds, 

Public  improvements 29  220 

Official 1  213 

Public  utility  acquisition 4  188 

Bridge  construction 1  121 

Change  of  grade,  ordering 17      119-120 

Chief  of  Police  charged  with  execution  of 3  139 

Citation  of.  in  presenting  demands 13  42 

City  Planning  Commission 42  14 

Claims,  revival  of i 1  44 

Closing  of  streets 27  96 

Delinquency  of  taxes 17  35 

Demands,  ordinance  authorizing  to  be  cited  on 13  42 

Department  of  Electricity  to  enforce 6  159 

Deposited  with  Clerk  of  Supervisors 17  7 

Disapproval  by  Mayor 16  6 

Dockage   tolls 2  112 

Drains   3  110 

Election,  bond  issue,  public  utilities 6-8      189-190 

Electric  power  rates,  power  to  fix 14  10 

Enacting  clause 8  5 

Existing  in  force  under  new  charter 28  220 

Exposition  bonds 29a  222 

Extending  of  streets 1  100 

Final  passage 9  5 

Fire  alarm  station,  Jefferson  Square 6a  206 

Fire  Marshal  charged  with  enforcement 4  154 

Franchise  grant 6  19 

Franchise   grant,  ninety  days  lapse   after  intro- 
duction   12  6 

Franchise,  street  railway,  purchase  by  City 7a  37 

Health,  enforced' by  Board  of  Health 4  161 

Heating  rates,  power  to  fix 14  10 

Initiative,  passage  by 1-16      174-180 

Initiative,  when  goes  into  effect 6  178 

Installments,  payment  for  street  assessments 33  99 

Lease  of  City  lands 32  13 

Legislative  acts  of  the  City 8  5 

Lighting  rates,  power  to  fix 14  10 

Majority  of  Supervisors  necessary  to  adopt 9  5 


Index  807 

ORDINANCES  (Continued)  sSIJrsrJn     Paee 

Materials,  street  work  contracts 31  98 

Mayor, 

Must  be  presented  to  for  approval  of 16  6 

Objection  to  part  of  by .- 14  6 

Referendum  2  181 

To  enforce 2  39 

Municipally  owned  public  utilities,  work  on 8  71 

Nuisances,  abatement  of 4  161 

Official  bonds 1  213 

Opening  of  streets 1  100 

Outside  of  City,  payment  for  work.... 9  49 

Park  Commissioners  may  pass  certain 5  205 

Panama-Pacific  Exposition 37  13 

Panama-Pacific  Exposition  bonds 29a  222 

Parts  of  ordinances,  objection  to 14  6 

Passage  by  bill 8  5 

People  acting  on  by  initiative 1-16      174-180 

Petition, 

Franchise  grant  to  vote  of  people 7  20 

Of  electors   (initiative) 1-16      174-180 

Submission  to  people  (referendum) 1-9      181-182 

Power  rates,  fixing 14  10 

Progressive  payments  on  contracts 21  77 

Publication  of 13  6 

Public  Utilities, 

Acquisition,  special  election 4-7      187-189 

Acquisition,  Supervisors  passing  without  sub- 
mission to  people 3  187 

Municipally  owned,  work  on 8  71 

Rates,  power  to  fix 14  10 

Submission  to  people 1  181 

Railroad  tracks,  paving 24  94 

Railroads  paving  streets 28  12 

Rates,  power  of  Supervisors  to  fix 14  10 

Recorded  by  Clerk  of  Supervisors 17  7 

Re-enactment 10  5 

Referendum,  ' 

FYanchise  grant 7  20 

To  the  people 1-9      181-182 

When  goes  into  effect , 7  182 

Rejection  of  by  people 1  174 

Repeal, 

By  ordinance  approved  by  Mayor 18  7 

For  street  improvements 27  220 

Referendum  election 7  182 

Revision  of 10  5 

Revival  of  claims 1  44 

Sale  of  lands  owned  by  City 9  21 

Sanitation 4  161 

School  lot  lease 11  127 

Sewers  and  drains 3  110 

Sewers,   lands  for 9  111 

Sixty  days  before  becoming  final 3  181 

Special  elections  for  issue  of  bonds .* 6-8      189-190 

Squares  and  grounds,  government  of 5  205 

Steam  heat  rates,  power  to  fix 14  10 

Steinhart  Aquarium —  43a  15 

Straightening  of  streets 1  100 


im 


Index 


ORDINANCES  (Continued)  iahdWis'lon 

Streets, 

Assessments 33 

Cleaning  and  sprinkling 29 

Improvement  full  width 25 

Improvement,  ordering 2 

Improvement,  ordering 33 

Opening,  widening,  etc 1 

Paving  by  railroads 28 

Railroad  franchise,  purchase 7a 

Railways  27 

Street  Railways, 

Purchase  of  franchise 7a 

Regulation 27 

S'ubject  to  be  expressed  in  title 11 

Subway  construction 1 

Supervisors, 

Duty  to  enact  in  accordance  with  initiative 

election  13 

Power  to  enact  and  enforce 1 

Referendum  2 

Take  effect,  when 15 

Taxes,  delinquency  of 17 

Tax  limit,  suspension  of 13 

Telephone  rates,  power  to  fix 14 

Title  of  to  embrace  entire  subject 11 

Tolls  for  wharfage 2 

Tunnel  construction 1 

Veto,  separate  items 14 

Viaduct  construction 1 

Violation  of. 

Fines   11 

Jurisdiction,  Police  Court 2 

Penalties  for 16 

Void  if  subject  not  expressed  in  title 11 

Vote  of  people,  franchise  grant 7 

Water  rates,  power  to  fix 14 

Wharfage  tolls '. 2 

Widening  of  streets 1 

ORNAMENTAL  WORKS,  approval 10 

ORPHAN, 

Fireman,  pension 5 

Receiving  police  pension 4 

OUTSIDE  CITY, 

Acquisition  of  lands  for  water  supply .'-  15 

Appointees  exempt  from  residence  restriction 2 

Exempt  from  Civil  Service  rules  of  persons  so  em- 
ployed    11 

Payments  for  work 9 

OUTSIDE  LANDS,  sale  of  school  lots 11 

OVERCOMING  VETO,  budget 4 

OVERRULING, 

By  Board  of  Public  Works 4 

By  S'upervisors 5 

OVERTIME  PAY, 

Actual   service  only 33 

Street  railway  franchise 7b 

OWNERS  (See  Property  Owners) 
OWNERSHIP, 

Buildings,  Civic  Center 10 

Ignorance  of 9 


Page 

99 
97 
95 
78 
98 
100 
12 
37 
12 

37 

12 

5 

121 


180 

8 

181 

6 

35 

33 

10 

5 

112 

121 

6 

121 

147 

56 

11 

5 

20 

10 

112 

100 

207 

156 

145 

193 

215 

199 
49 
23 
30 

80 
102 

223 
39 


23 
103 


Index 


809 


Section  or 

Subdivision  Page 
P 

PAINTINGS,  approval  by  Park  Commission 10  207 

PAMPHLETS,  official,  municipal  election 8  167 

PANAMA-PACIFIC  EXPOSITION, 

Auditorium,  erection  of 10  23 

Bonds  in  aid  of,  may  be  issued 29a    221-222 

Bonds  in  aid  of  not  within  debt  limit 9  190 

Closing  certain  streets 20  110 

Control  within  exposition  site 37  13 

May  use  certain  school  lots 6  126 

May  use  portion  of  Golden  Gate  Park 1  204 

S'lipervisors  to  pass  ordinances  for 37  13 

Use  of  Lobos  Square  temporarily 13  209 

Use  of  portion  of  parks 6  206 

PAPER,  weight,  quality,  etc 3  26 

PAR, 

Bonds  for  sale  under 10a  192 

Bonds  to  be  sold  at  not  less  than 10  191 

PARALLEL  STREET,  new  street  distant  from 28  97 

PARENTS, 

Firemen,  pension 5  156 

Police  officer,  receiving  pension 4  145 

PARKS,  PARK  COMMISSION, 

Academy  of  Sciences  may  erect  museum 12  208 

Appointment  of  superintendents,  surveyors,  engi- 
neers,   etc 6  205 

Arches,  approval 10  207 

Art  gallery,  gifts  and  control  over 6  206 

Art  works,  acceptance  and  location 10  207 

Bequests,  receiving 8  207 

Bonds,  investing  surplus  of  bequests  in 8  207 

Buena  Vista  Park,  jurisdiction  of  Commission 1  204 

Buildings, 

Commission  superintending  erection 6  205 

Leasing  for  use  of  public 6  206 

Commissions, 

Appointed  by  Mayor 3  204 

Appropriations  for  parks,  etc.,  to  be  expended 

by  6  205 

Approving  works  of  art 10  207 

Classification  of 3  204 

Compensation,  receive  none 3  204 

Designs,  approving 10  208 

Exclusive  control  of  parks,  squares 6  205 

Fund,  consists  of  what 2  35 

Fund,  used  for  what  purpose 2  35 

Lands  under  control  of .* 1  204 

Meetings  4  205 

Number  of  members  of 3  204 

Place  of  detention  for  persons  arrested 7  207 

President  and  Secretary 4  205 

Quorum  4  205 

Represented  on  Playground  Commission 2  210 

Successors   to 2  204 

Term  of  office,  four  years 3  204 

Competitive  bids  for  contracts 4  205 

Contracts,  provisions  governing 4  205 

Day  labor,  work  by 4  205 

Donations  2  35 

Donations  8  207 


310  Index 

• 

PARKS,  PARK  COMMISSION  (Continued)  sifbdivi'sfon     Paee 

Expenditures  2  35 

Exposition  or  fair,  when  may  be  permitted 6  206 

Fountains,  approval  by  Commission 10  207 

Fund, 

Balance  to  ensuing  fiscal  year 5  36 

Consists  of  what 2  35 

Disbursement  of 6  205 

Used  for  what  purposes 2  35 

Gifts,  receiving .'. 8  207 

Golden  Gate  Park, 

Jurisdiction  over 1  204 

State,  exposition  building 9  207 

Great  Highway,  jurisdiction 1  204 

Jefferson  Square,  fire  alarm  station 6a  206 

Jurisdiction  of  Commission 1  204 

Lease  of  any  part  of  parks,  restriction 6  206 

Legacies,  receiving 8  207 

Lighting,  Board  of  Public  Works,  control 3  70 

Lobos  Square,  use  for  exposition 13  209 

Memorials,    erection 10      207-208 

Mountain  Lake  Park,  jurisdiction 1  204 

Monuments  and  mural  decorations,  approval 10  207 

Museum,  gifts  and  control  over 6  206 

Offal,  conveyance  to..- 4  9 

Ordinances  for  government  of '5  205 

Paintings,  approval 10  207 

Playgrounds,  lands  may  be  set  apart  for 9  212 

Public  buildings,  jurisdiction  over  grounds   sur- 
rounding             1  204 

Rents  2  35 

Rules  and  regulations 4  205 

Salaries  of  employees 6  205 

Sales  of  lands,  specifically  excepted 9  20 

Sculpture,  approval  by  Commission 10  207 

S'eal  Rocks,  jurisdiction 1  204 

Squares,  jurisdiction 6  205 

State  of  California,  legse  of  ground  to 9  207 

Statues,  approval..,.. 10  207 

Surplus  in  fund  not  to  go  to  surplus  fund 16  34 

Sweepings,  street,  for '. 4  9 

Tax  for  support  of 11  208 

Tax  levy,  above  dollar  limit 11  33 

Works  of  art,  acceptance  and  location  oL 10  207 

PARTISAN  (See  Politics) 

PASSAGE, 

Bills  and  resolutions 8  5 

Bills  or  resolutions  disapproved  by  Mayor 16  7 

Ordinance  by  bill 8  5 

PASSENGER,  rates  and  vehicles 7  9 

PATENTED  PAVEMENT,  transfer  of  rights 26  95 

PATROL  DRIVERS,  salary,  pension IV.  142 

PAVING, 

Accepted   streets 23  94 

Changes  of  grade 1  113 

Expense  of,  how  assessed 2  83 

Patent,  prohibited,  unless 26  95 

Railroads,  assessment  for  proportion 3  83 

Railroads 28  12 

Railroad  tracks,  procedure 24  94 

What  term  includes 26  95 


^Index 


311 


Section  or 
Subdivision      Page 

PAWNBROKERS, 

Permits  9  138 

Supervision  of  Chief  of  Police 7  140 

PAWNED  PROPERTY,  search  by  police  officers 7  140 

PAYMENTS, 

Bonds    11  193 

Changes  of  grade 13-14      118-119 

Claims  1  43 

Contractor  demanding  street  assessment 13  88 

Coupons ;  11  193 

Delinquent    assessments —  2  106 

Demands  on  presentation 6  53 

Demands,  presentation  for,  within  one  month 1  43 

Firemen's  Relief  Fund 8  157 

General  fund,  out  of :.... 37  224 

Illegal,  penalty 11  217 

Installments,  street  assessments 33  99 

Judgment,  damages,  opening,  etc.,  of  streets 16  108 

Library    Fund 5  134 

Police  Relief  and  Pension  Fund 9  146 

Progressive,  on  contracts 21  77 

Public  moneys  into  treasury 1  39 

Salaries,  monthly 1  43 

Streets, 

Opening,  etc.,  damages 15  108 

Work  done 8  83 

Work  done,  part  or  whole,  out  of  City's  reve- 
nues    2  101 

Taxes  17  34 

Treasurer,   demands 5  53 

Treasurer,  only  by  demand 2  49 

Tunnel,  subway  and  viaduct  assessments 2  122 

PAYROLLS. 

School  Department 10  127 

Verification  by  Civil  Service  Commission 19  202 

Work  outside  of  City 9  49 

PEDDLERS, 

Permits  - 9  138 

Supervision  of  Chief  of  Police 7  140 

PENALTY, 

Collusion  in  making  bid 18  75 

Collusion  with  bidders 4  27 

Delinquent    assessment 2  106 

Illegal  payments 11  217 

Ordinances,  violation  of 16  11 

Repairs  to  streets,  refusal  to  make 18  93 

Soliciting  judge  to  dismiss  case 3  64 

Street  railway  franchises 7c  39 

PENSIONS  (See  Fire  Department,  Firemen's  Relief 
Fund,  Police  Department,  Police  Relief 
and  Pension  Fund) 

PEOPLE,  VOTE  OF, 

Acquisition  of  public  utilities 2  186 

Added  liabilities 13  33-34 

Initiative 1  174 

Recall : 1  182 

Referendum  1  181 

PERCENTAGE, 

Election,  initiative  petition 4-5  178 

Limit  of  indehtedness 9  190 


312  Index 

PERCENTAGE  (Continued)  s^,bdiv?sron     Page 

Redemption,  property  sold  for  delinquent  a-.sess- 

ment 5  107 

To  be  paid  into  treasury 3  39 

PERCENTAGE  OF  RECEIPTS', 

Finance  Committee  experting  books •    6  19 

Payment  by  corporations > 4  17 

Payment,  date  fixed 6  19 

Street  railway  franchises 6  18 

PERMITS, 

Auctioneers  9  138 

Board  of  Public  Works 1  70 

Building  material,  use  of  street 1  70 

Buildings  through  streets,  moving 1  70 

Businesses  and  callings 9  138 

Cellars  and  vaults  under  sidewalks 1  70 

Excavation  of  streets 9  71 

Intelligence  office  keepers 9  138 

Junk  dealers 9  138 

*Junk  shop  keepers 7  140 

Liquor,  sale  of 3  136 

Pawnbrokers  9  138 

Peddlers   9  13$ 

Police   Commission 3  136 

Police  Commission  hearings 9  138 

Sale  of  liquor  less  than  quart 3  136 

Second  hand  dealers 9  138 

Sewer  connections 4  110 

Spur  and  side  tracks 3  9 

Street  excavations 8-9  71 

Temporary  fences 1  70 

PERSONAL  PROPERTY, 

City  and  County,  sale 38  13 

Public  libraries 4  133 

Recovery  of  City's 14  43 

Schools,  sale 12  127 

School    department 6  125 

Sewer  construction,  purchase  for 1  111 

PETITIONS, 

Acquisition  of  public  utilities 3  186 

Amendments  to  Charter 22  7-8 

Change  of  grade 2  114 

Closing  of  streets 27  96 

Failure  to  make  waives  claim 2  114 

Franchise  grant,  vote  of  people 7  20 

Initiative  of  the  people 1-16      174-180 

Pension,  Fire  Department 5  156 

Pension,  Police  Department 3  145 

Police  officer's  family  for  pension 4  145 

Referendum,  public  utility  measure 3  181 

Signatures  to 2-3      175-177 

Street  assessment 4  81 

Street   improvement 4  79 

PHYSICAL  TEST,  police  officers 3  135 

PHYSICIANS, 

Board   of  Health 1  160 

Exempt  from  Civil  Service 11  199 

San  Francisco  Hospital 6-7  161 

PILING,  included  under  what..... 26  95 

PILOTS,  fire  boats 1  153 


Index 


313 


Section  or 

Subdivision  Page 
PIPES, 

Acceptance  of  street,  to  be  laid  before 23  94 

Acquisition  of  lands  for 15  193 

Conditional  acceptance  of  street,  when 23  94 

FYanchise,  no  exclusive  for  laying 5  17 

Laying  in  streets,  Board  of  Public  Works 1  70 

PLACES  OF  AMUSEMENT,  police  officer  detailed  to  12  148 

PLANKING,  included  under  what 26  95 

PLANS, 

Change  of  grade 9  116 

Public  buildings 6  71 

Public  improvements 10  72 

Public  utility  construction„ 1  186 

School  houses 1  131 

Water  works  and  sources 1  186 

PLATOON  SYSTEM,  TWO 11  151 

PLAYGROUNDS, 

Bonding  employees 3  210 

Budget  provision 10  212 

Commission, 

Appointed  by  Mayor 2  210 

Disbursement  of  funds 5  211 

Meetings,  organization,  quorum,  president 3  210 

Powers  of 5  211 

Park  Commission  represented  on  Board 2  210 

Terms  and  qualifications  of 2  210 

Voting  10  212 

Donations  6  211 

Employees   3  210 

Expenditures  10  212 

Lands  for, 

Park  Commission  may  set  apart 9  212 

Purchase  5  211 

Supervisors  may  set  aside 8  211 

Management    of 1  210 

Police  detail  for 7  211 

Rules    of 3-4  210 

Sales  of  lands,  specifically  excepted 9  20 

Secretary,  appointment 3  210 

Secretary,  duties  of 10  210 

Structures,    erection 5  211 

PLEADINGS, 

City  Attorney 2  58 

District  Attorney 2  60 

Police    Court 64 

PLOTTING,  public  ways  and  grounds 10  208 

POLES,  regulating  erection 1  70 

POLICE, 

Chief  (See  Police  Department) 
Commissioners  (See  Police  Department) 
Judges  (See  Police  Court) 

Laws,  enactment 1  8 

Officers  (See  Police  Department) 
Pensions  (See  Police  Department).. 

Powers,  Tax  Collector  and  deputies 4  55 

POLICE  COURT, 

Attorneys  practicing  in,  must  be  qualified 16  67 

Bail  bonds 5  65 

Bailiffs,  police  officer  attending  as 14  67 

Bondsmen  in  actions  in 7  64 


314  Index 

Section  or 
POLICE  COURT    (Continued)  Subdivision      Page 

Calendar,   calling 10  66 

Calendar  of  arrests 13  66 

Chief  of  Police,  detail  to  attend 5  139 

Civil  Service,  employees  under 11  199 

Clerks  appointed  by  County  Clerk 2  61 

Clerks,   duties 10  66 

Complaint,  amending 4  64 

Concurrent  jurisdiction  with  Superior  Court 2  63 

Contempt  of  Court 3  64 

County  Clerk  to  act  as  clerk  of 1  61 

Creation    of 1  63 

Demurrers  to  complaint 4  64 

Dismissal  of  cases  restricted 1  64 

District  Attorney  to  conduct  cases  in 4  65 

District  Attorney  to  prosecute  all  actions  In 2  60 

Divided  into  departments 1  63 

Exclusive  jurisdiction  of  what 2  63 

Four  judges  to  constitute 1  63 

Interpreters,  compensation 20  11 

Judgments  by 1  63 

Judges, 

Ballot,  arrangement  of  office  on 10b  168 

Election,  at  what  time 1  164 

Election,  qualifications,  terms,  salaries 1  63 

Powers  of 2-3  63-64 

Terms  of  those  elected  in  1898 17  67 

Jurisdiction    of 2  63 

Justices  of  Peace  may  act  in,  when 12  66 

Orders  of,  execution 3  139 

Papers  on  appeal,  how  served 9  66 

Presiding  judge  of 1  63 

Proceedings,   rules  governing 3  64 

Prosecuting  attorneys  for 4  65 

Release  of  prisoners 5  65 

Right  of  appeal,  when  lost  to  defendant 2  64 

Rules  and  regulations  by  judges 15  67 

Seal  of 23  11 

Sessions    1  63 

Soliciting  judge  to  dismiss  case 3  64 

Settlement  on  appeal,  judge  to  settle 2  64 

Stenographers,  appointment,  compensation,  etc...  11  66 
Testimony  to  be  taken  before  case  dismissed  or 

fine   imposed 1  64 

Trial  of  cases,  in  what  order 5  64 

Trial  of  cases,  prompt  and  steady 6  64 

Warrant  and  Bond  Clerk 5-8  65-66 

POLICE  DEPARTMENT, 

Age,    members 3  135 

Aged  and  infirm  members,  retirement 2  144 

Amusement  places,  etc 12  148 

Appointments, 

Civil  Service,  present  and  future 1  144 

Powers  of  Commissioners 1  136 

Regardless  of  religion  or  politics 3  135 

Auctioneers,    permits 9  138 

Bailiffs,  Police  Court 5  139 

Buildings,  repairs,  etc.,  tax  limit  suspension 13  33 

Businesses  or  callings,  permits 9  138 

Captain  of  Detectives 6  141 

Captains,  number,  duties 1-2  140 


index  315 

POLICE  DEPARTMENT  (Continued)  SuwJvrsfJn     Page 

Charges  against  members,  fair  trial 3  142 

Chief  of  Police, 

Absence,  substitute 4  139 

Appointment,  term,  salary 1  139 

Calendar  of  arrests 13  66 

Chief  clerk 5      139-140 

Chief  executive  officer  of  department 3  139 

Civil  Service,  exempt  from 11  199 

Control,  manage  and  direct  police  force 1  139 

District  Attorney  to  advise 2  60 

Fund  for  contingent  expenses 6  140 

Law  books  and  regulations 4  139 

Ordinances,  execution  of 3  139 

P6wers  and  general  duties  of 1-7      139-140 

Suppression  of  riots 2  139 

Suspension  temporarily  of  policemen 1  139 

Chief   Clerk 4      139-140 

City  Attorney's  office,  officer  detailed  to 5  59 

Civil  Service,  members  under 11  199 

Civil  Service  to  govern  new  appointees  only 1  144 

Commissioners, 

Appointed  by  Mayor 1  135 

Ayes  and  noes 4  136 

Classification  of 2  135 

Department  of  Electricity,  joint  control 1  159 

Ineligible  to  any  elective  office,  when 31  222 

Management  of  department 1  135 

Meetings  4  136 

Official  bonds , 2  213 

Political  interference,  cause  for  removal 32  222 

Powers  of :..  1-7    '  136-137 

Present,  succeeded  by 3  136 

President  of  board 4  136 

Qualifications,  term,  salary 1-2  126 

Restriction  as  to  political  party * 2  135 

Sessions  and  executive  sessions 4  136 

Trustees,  Police  Relief  and  Pension  Fund 1  144 

Consists  of  what _ 1  135 

Contingent  fund 6  140 

Corporals,  salary,  number,  duties 1-5      140-141 

Detectives,  detail,  number,  salary,  etc 6  141 

Disbursements    6  140 

Dismissals,  trial,  how  conducted 3  142 

Dismissing  or  disrating  members,  power  of  Com- 
missioners   1  136 

District  Attorney  to  advise 2  60 

Execution  of  laws  and  process 3  139 

F^nes  on  members 2  142 

Fire  Marshal,  exercising  functions  of  police  officer  4  154 
Health  officers,  police  officers  are  by  virtue  of 

office   3  142 

Hearings, 

By    Commissioners 8  137 

Liquor  permits 3  136 

Heroic  conduct,  reward 8  146 

Innocent,  insane  and   intoxicated   persons,   prop- 
erty taken  from 1-2  143 

Intelligence  office  keepers,  permits 9  138 

Investigation  of  matters  in  department 8  137 

Jefferson  Square,  signal  station 6a  206 


316 


Index 


POLICE  DEPARTMENT  (Continued)  s1fbdiv"si*on     Page 

Junk  shop  keepers 9  138 

Lieutenants,  salary,  number,  duties 1-3      140-141 

Liquor,  sale  of,  permits 3  136 

Lost   property 1  143 

Matrons,  appointment  of 6  137 

Mayor,  command  of,  in  certain  cases 2  45 

Members,  Officers, 

Appointment,  promotion,  suspension,  dismis- 
sal    1  136 

Fining   2  142 

Hold  office  during  good  behavior 2  135 

Physical  test 3  135 

Proportion  to  inhabitants 1  141 

Qualifications,  age,  character 3  135 

Salaries  1  141 

Special  officers 4  137 

Subordinate  officers 1-6      140-141 

Trial  before  dismissal  or  punishment 3  142 

Two  dollars  a  month  to  pension  fund 11  147 

Meritorious  public  service 1  142 

Military  service,  absence  on 43  226 

Money,  lost,  stolen  or  unclaimed 1-5      143-144 

Organization  of 1-3  135 

Parks,  service  in ;. 7      206-207 

Patrol  drivers IVo         142 

Pawnbrokers,    permits 9  138 

Pawned  property,  supervision  over 7  140 

Peddlers,  permits 9  138 

Pensions, 

Absence,  military  service 43  226 

Active  member  for  twenty  years 2  144 

Age  requisite 2  144 

Basis   of  payment 2  144 

Ceasing,  when 2-3      144-145 

Children,  orphan,  parents,  family,  receiving....  4  145 

Commissioners,  powers,  meetings 9-10      146-147 

Death  after  ten  years  service,  amount  paid  in  6  146 

Death  from  injury  within  three  years 4  145 

Disabled  members,  when  may  be  pensioned....  2-3      144-145 

Each  member,  two  dollars  a  month  to  fund....  11  147 

Family  of  member  killed  in  service 4  145 

Forfeiture  of  right  to 5  146 

Fund  (See  Police  Relief  and  Pension  Fund) 

Hearings  by  Commissioners 4      145-146 

Injury  in  discharge  of  duty 3  145 

Killed  in  service 4  145 

Qualifications   requisite 2  144 

Revenue,  sources  of 11  147 

Rules  and  regulations 7  146 

Unanimous  vote  of  trustees 2  144 

Widow  receiving 4  145 

Permits  for  sales  of  liquor 3  136 

Permits,  inspection  of 9  138 

Physical  test,  members 3  135 

Playgrounds,  detail  for 7  211 

Police  Court,  detail  to 5  139 

Politics, 

Abstaining    from 32  222 

Assessment  for 32  223 

Interference,  penalty 32  223 

Preferences,  appointments  without  regard  to..  3  135 


Index  317 

POLICE  DEPARTMENT  (Continued)  s^fbdiWsrJn     Page 

Present  members  continued 1  144 

Prisons    1  139 

Promoting  members,  powers  of  Commissioners....  l  136 

Promotions,  how  made 1  142 

Property, 

As  evidence 4  144 

Clerk  (S"ee  Property  Clerk) 

Lost,  stolen  or  unclaimed 1-5  143-144 

Punishment  of  members 2-3  142 

Records  not  subject  to  inspection  except  by  per- 
mit     13  217 

Relief  and  Pension  F\ind 1-13  144-148 

Religious  preferences,  appointments  without  re- 
gard  to 3  135 

Retiring  members  from  service 2  144 

Reward  for  heroic  conduct 8  146 

Rules  and  regulations  for  government 2  136 

Salaries, 

Captains,  lieutenants,  sergeants  and  corporals  1-6  140-141 

Chief  of  Police 1  139 

Chief's  appointees 5  139-140 

Commissioners  1  135 

Detectives    6  141 

Monthly  payment 1  43 

Officers 1  141 

Patrol  drivers 1%        142 

Secretary   4  136 

Sale  of  unclaimed  property 3  143 

Search  and  keep  property  of  prisoners 2  142 

Second  hand  dealers,  permits 9  138 

Secretary,  custodian  of  records 2  138 

Seniority  of  service 1  142 

Sergeants,  salary,  number,  duties 1-4  140-141 

Service, 

Restoration    to , 3  145 

Retirement   from 2  144 

Signal  system 5  159 

Special  meetings 2  138 

Special  officers,  appointment  of,  when 4  137 

Stolen    property 7  140 

Subordinate  officers 1-6  140-141 

Subpoenas,  detail  to  serve 24  219 

Surgeon,  appointment,  salary 7  137 

Suspending  members,  powers  of  Commissioners....  1  136 

Telephone  and  telegraph  system 1-5  159 

Telephone  and  telegraph  system : 6a  206 

Tenure  of  office  during  good  behavior 2  135 

Trials  by  Commissioners 8  137 

Unclaimed    property 1-5  143-144 

Violation  of  rules 2  142 

Weapons  2-3  142-143 

POLICE  RELIEF  AND  PENSION  FUND. 

Amusement  places,  fee  for  detail 12  148 

Annual  report  of,  by  Auditor 13  148 

Balance  of  ensuing  fiscal  year 5  36 

Basis  of  pension : 2  144 

Budget  appropriation 7  146 

Creation  of 1  144 

Deficiency,  provided  for  In  tax  levy 13  148 

Expenses  of  Commission 10  147 

List  of  liabilities  quarterly 9  147 


318  Index 

POLICE  RELIEF  AND  PENSION  FUND  (Cont'd)      sSi^rsro^'n     Page 

Patrol  drivers li/^  142 

Sources  of  revenue,  fines,  licenses,  etc 11  147 

Surplus  in  not  to  go  to  surplus  fund 16  34 

Surplus  of,  how  applied 13  148 

Trustees  of.  Police  Commissioners 1  144 

Two  dollars  a  month  from  pay  of  each  member...  11  147 

Unclaimed  property,  proceeds  from  sale 3  143 

Warrants  on 9  146 

POLITICS, 

Assessment  or  levy  forbidden 32  223 

Board  of  Public  Works,  Commissioners 1  68 

Election     Commission 1-2  163 

Fire   Commissioners 2  149 

Fire  and  Police  Departments,  abstaining  from 32      222-223 

Fire  Department  members 7  150 

Not  essential  to  appointment li^  215 

Police    Commissioners 2  135 

Police  Department  appointments 3     .  135 

Registrar  of  Voters  and  deputies  abstaining  from  2  163 

School  directors 1  124 

PORTALS  OF  TUNNELS,  lands  for 2  122 

POSITIONS, 

Abolishing,  reporting  to  Civil  Service  Commission  13  201 
Army  or  navy,  eligib'les  mustered  into,  reinstate- 
ment    21  203 

Changes  in 13  201 

Compensation  for  obtaining,  prohibited 7  216 

Continuance  in,  former  employees  of  public  utility  lib  200 

Creating   13  201 

How  filled 9  198 

New,  creation 41  226 

Notice  of  vacancy  to  Civil  Service  Commission 9-10  198 

POSTING, 

Changes  of  grade  notices 1  113 

Notices,  Board  of  Public  Works : 14-17  73-74 

Notices,  repairs  to  streets 16  91 

Opening,  etc.,  of  streets,  notices 3  101 

Street  improvement  resolution 3  79 

Street  work  notices 26  96 

POSTPONEMENT, 

Sale  of  delinquent  assessments 3  106 

Taxes,  delinquency 17  35 

POUND,  providing  and  regulation 8  10 

POWER, 

Acquisition  of  power  plants  by  City 1  186 

Department  of  Electricity  to  enforce  ordinances....  6  159 

Franchises  7  19 

Offers  for  sale  of  plant  to  City 2  186 

Percentage  of  receipts 7  20 

Poles  and  wires  for,  franchises 7  19 

Rate  fixing  by  Supervisors 14  10 

Supervisors,  regulating 13  10 

Wires,  laying,   regulating 1  70 

POWERS, 

Acquisition  of  lands  for  water  purposes 15  193 

Finance  Committee 3  16 

Fire  Marshal 3-4  154 

Judges,  Police  Court 2-3  63-64 

Legislative,  vested  in  Supervisors 1  4 


Index 


319 


POWERS  (Continued)  s^u'bdlvrsrjn 

Of  boards,  commissions,  departments,  officers  (See 
under  respective  departments  and  officers) 

Public   Administrator 1 

Public  service  corporations,  investigating 4 

Rate  fixing 14 

Sewer   construction 2 

State  Superintendent  of  Weights  and  Measures 3 

Streets, 

Changing   grades 1 

Opening,  extending,  etc 1 

Supervisors  ordering  improvements 33 

PRECEDENCE, 

Bond  issue  election  not  to  take  precedence  of  ini- 
tiative election 11 

Change  of  grade  warrants 15 

Condemnation  suits 16 

Payment  of  demands  by  Auditor 9 

Payment  of  demands  by  Treasurer 6 

Payment,  warrants,  opening,  etc.,  of  streets 17 

PRECINCTS, 

Board  of  election  officers  18 

Initiative    petition 2 

Registration  5 

PREFERENCE, 

Appointment,   eligibles  discharged   from  military 

service 21 

Geary  street  railway  employees  for  appointment....  11 

Public  utility  bonds,  smallest  subscribers 10 

Sweeping  of  streets  by  hand 29 

Voter  expressing  in  similar  initiative  measures 7 

PREMIUM,  official  bonds 2 

PRESIDENT, 

Board  of  Health 1 

Board  of  Public  Works 2 

Board  of  Supervisors 5-6 

Election  Commission 3 

Library   Trustees 5 

Park  Commission 4 

Playground    Commission 3 

Police  Commission 4 

PRINTING, 

Advertisement  for  bids 3 

Ballots  10 

Bids  for  public  work 16 

Candidates'  statements 8 

Contracts  for 1 

Forms  for 3 

Included  under  incidental  expenses 26 

Initiative    petition 2 

Recall    election 6 

Requisitions   for 3 

PRIORITY,  demand,  one  over  another  (See  Prefer- 
ence)      8 

PRISONERS, 

Delivery  by  Sheriff  to  State  prisons     , 1 

Police  officer  to  search  and  take  belongings  from..  2 

Release  of 5 


Page 


61 

17 

10 

110 

57 

112 

100 

98-99 


180 
119 
108 
31 
53 
109 

170 
176 
164 


203 
200 
190 
97 
178 
213 


160 
68 
46 
164 
133 
205 
210 
136 

26 

168 

73 

167 

24 

26 

96 

175 

183 

26 

49 

62 

142 

65 


320  Index 

PRISONS,  Subdivision      Paee 

Control  of  Chief  of  Police 1  139 

Establishment,  maintenance  of 11  10 

State 1  62 

Supplies,  contracts  for 1  24 

PRIVATE  CONTRACTS, 

City  not  liable  for  any  portion  of  expense 22  77 

Owners,  street  improvements 19  75 

Unfinished  portion  of  work,  reletting 20  75 

PRIVATE  SALE,  City  lands 9  21 

PROBATION, 

Appointment  on 10  198 

Department  of  Electricity  employees 3  159 

PROCEDURE,  PROCEEDINGS, 

Additional  employees 35  223 

Board  of  Public  Works 6  69 

Board  of  Public  Works  instituting 4  81 

Board  of  Supervisors 2  4 

Bond  issue,  public  utilities 5-15  188-193 

Bridge  construction 1-6  121-123 

City  Attorney  instituting  or  defending 2  58 

Closing  streets 1-19  100-109 

Combining  proceedings 3  122 

Continuance  of 5  102 

Delayed  by  objections  of  owners 4  79 

Delinquent  assessments,  opening  of  streets 14  105 

Deposit  of  public  funds  in  banks 2  50 

Dismissals    12  20 

District  Attorney 2  60 

Errors    in 14  90 

Extending  streets 1-19  100-109 

Finance  Committee 4  17 

Fire  Pension  Fund  Commissioners 8  157 

Franchise,  street  railway,  purchase  by  City 7a  37 

Harbor  and  wharf  construction,  etc 1  112 

Journal  of  proceedings 2  4 

Library   Trustees 5  133 

Opening  streets 1-19  100-109 

Police  Court 3  64 

Police  Pension  Fund  Commissioners 9  147 

Positions,  filling 9-10  198 

Public  utilities,  acquisition  of 1-16  186-194 

Public  work  contracts 14  73 

Railroad  tracks,  paving 24  94 

Recall  of  officers 1  182 

Repairs  to  streets 16  91 

Sale  of  lands  owned  by  City 9  20 

Sewers,  condemnation  of  property 9  111 

Stopped  by  objections 5  102 

Streets, 

Assessment    lien    action 15  91 

Charter  provisions  not  exclusive 33  98 

Excavations  8  71 

Grades,  change  of.: 1-17  112-121 

Opening,  extending,   straightening,  widening, 

etc 1-19  100-109 

Subway,  tunnel  and  viaduct  construction 1-6  121-123 

Suspensions  12  20 

Unimproved  portion  of  street 4  80 

PROCLAMATION,  municipal  elections 9  168 


Index 


321 


PROFESSIONAL  SERVICES,  »fuMiv?8ron      Page 

Exempt  from  Civil  Service 11a  199 

Municipally  owned  public  utilities 8  71 

PROGRESSIVE  PAYMENTS,  on  contracts 21  77 

PROMISES,  for  appointment  or  position 7  216 

PROMOTION, 
Civil  S'ervice, 

Basis   8  198 

Notice  of 13  201 

Rules  3  196 

Examinations  for 8  198 

Meritorious  public  service 1  142 

Police  Commission,  powers 1  136 

Police  Department 1  142 

Pupils,  schools 4  129 

Seniority  of  service 1  142 

Teachers  2  125 

PROPERTY, 

Action  to  recover  City's 14  43 

As  evidence  in  court 4  144 

City  and  County  (See  City  Property) 

Condemnation,  opening  of  streets 1  100 

Damages  to,  liability 5  2 

Delinquent  assessments,  sale  of 14  105 

District  Attorney  to  purchase  at  execution  sales....  4  60 

Fire  Marshal,  charge  of  and  protect 2  154 

Fire  Marshal,  saved  from  fire,  sale 4  154 

Levied  upon  or  under  execution,  purchase 34  13 

Lost   1  143 

Method  of  assessing  for  street  improvements 9  83-84 

Officials  surrendering  on  expiration  of  term 3  214 

Ownership,  ignorance  of 9  103 

Pawned  property 7  140 

Prisoners'  2  142 

Property  Clerk  have  custody  of  unclaimed,  lost  or 

stolen  1  143 

Public  use,  power  to  condemn 12  10 

Sale  on  delinquent  assessments 1  105 

Sewer  construction,  acquisition 9  111 

Sold  on  execution,  lessee  redeeming 20  93 

Stolen   1-5      143-144 

Tunnel,  subway  and  viaduct  construction 2  122 

Unclaimed    1-5      143-144 

Vested  in  City  and  County 3  2 

PROPERTY  CLERK, 

Appointment  of  and  salary 5     139-140 

Custody  of  lost,  stolen  or  unclaimed  property 1  143 

Deposit  of  money  and  valuables  with  Treasurer 5  144 

Destruction  of  firearms 3  143 

Fees  for  detail  of  policeman 12  148 

Money  to  be  returned  to  accused,  when 2  143 

Official   bond 2  213 

Property  of  prisoners 2  142 

PROPERTY  OWNERS, 

Appeal  to  Supervisors,  street  assessment 4  81 

Applications,  street  improvements 2  77 

Change  of  grade,  estimate  of  damages 2  114 

Closing  of  streets 27  96 

Conflicting  titles 9  103 

Defined    19  93 

Doubt  as  to  ownership 9  103 


322 


Index 


PROPERTY  OWNERS  (Continued)  slfbdiWsfon     Page 

Grading  credits 9  85-86 

May  do  street  work  or  let  contract 19  75 

Obligation  on,  to  repair  street  until  acceptance 16  92 

Opening,  etc.,  of  streets,  objections 4-5  102 

Protest,  street  improvements 4  79 

Repairs  to  street  not  yet  accepted 16  91 

Sewer  construction 7  111 

Tunnel,  subway  and  viaduct  assessments 2  122 

Unimproved  or  ungraded  portion  of  street 4  80 

Work  done  by  excepted  from  assessment 9-10  86 

PROPOSALS, 

Bonds,  redemption  of.. 7  37 

Bond  sale 10  191 

Fire  Department,  provisions  governing 4  152 

For  supplies 1  24 

Penalty  for  collusion 18  75 

Public  work 15-17  73-75 

School  Department  supplies 2  128 

Stationery  supplies 3  26 

PROSECUTION,     . 

Actions  by  City  Attorney 2  58 

Board  of  Education 8  126 

District  Attorney...... 2  60 

Forfeited  bond,  change  of  grade 9  116 

Police  Court 2  63 

Repairs  to  streets,  penalty 18  93 

PROTECTION, 

Lives  and  health 3-4      160-161 

Property  by  Fire  Marshal 2-3  154 

PROTESTS  (See  Objections) 

PUBLIC, 

Aquarium  43  15 

Books  and  records  of  departments 13  217 

Civil  Service  examinations 4  196 

Discourteous  treatment  of  the 12  201 

Funds  (See  Funds) 
Grounds,  ways  and  places. 

Control  by  Supervisors 2  9 

Government   of 5  205 

Lines,  grades  and  plotting 10  208 

Health  protection  of 3-4     160-161 

Improvement  bonds 29-29yo  220-221 

Institutions  (See  under  appropriate  titles) 

Interest  and  convenience 4  81 

Lands  (See  Lands) 

Library  and  reading  rooms  (See  Libraries) 

Meetings,  Board  of  Public  Works 5  69 

Meetings  of  Supervisors 6  5 

Moneys  (See  Moneys) 
Property  (See  Property) 
Schools  (See  Schools) 

Service,  investigation  by  Civil  Service   Commis- 
sion    13  201 

Use, 

Acquisition  of  property  for 12  10 

Building  in  park 6  206 


Judex  323 

Section  or 
Subdivision      Page 
PUBLIC  ADMINISTRATOR. 

Ballot,  arrangement  of  office  on 10b  168 

Election,  at  what  time 1  164 

Election,  term,  powers,  etc.^ 1  61 

Fees  for  compensation 1  61 

Pour-year  term  for 38a  225 

Moneys  of,  special  deposit  fund 4  36 

Official   bond ^ 2  213 

PUBLIC  BUILDINGS, 

Approaches,  approving  designs 10  208 

Arches,  bas  relief,  commemorative,  mural  and  or- 
namental works,  approval 10  207 

Bond  issue  for  construction 29  220 

Civic  Center,  sites  for 10  23 

Cleaning  of,  by  Board  of  Public  Works 4  71 

Construction  and  repair  of 6  71 

Construction  of,  when  exceeding  revenue  of  City....  29  220 

Contracts  for  lighting 6  27 

Designs,  approval  of 10  208 

Employees    4  71 

F^re  Department  buildings,  construction  and  re- 
pair    6  71 

Fountains  10  207 

Fund,  balance  to  ensuing  fiscal  year 5  36 

Janitors  4  71 

Lamp  designs 10  208 

Libraries,  public 6  134 

Lighting  of 6  27 

Monuments  and  memorials 10     207-208 

Paintings,  acceptance  by  Park  Commission 10  207 

Park  Commission,  jurisdiction  over  grounds  sur- 
rounding   1  204 

Plans,  approval 6  71 

Repairs,  supervision ^ 6  71 

Repairs,  tax  limit  suspension 13  33 

Sanitary  supervision -. 3  160 

School  houses 1-2      131-132 

School  houses,  construction  and  repair 6  71 

Sculpture,  statues,  stained  glass ^ 10  207 

State  building. 10  23 

Works  of  art 10  207 

PUBLIC  UTILITIES, 

Accounts  of,  books  to  be  kept 3  194 

Acquisition, 

Election    4  187 

Neglect  or  refusal  to  enforce  charter  provi- 
sions      13  193 

Of  lands  for  water  works 15  193 

Ordinance  of  intention 5  188 

Out  of  annual  revenue 4     187-188 

Petition  ^ 3  186 

Public  interest  demanding 1  186 

Soliciting  offers  to  sell 2  186 

Submission    by    Mayor    and    Supervisors    to 

people 4  187 

Submission  to  vote  of  people 3  186 

Supervisors   passing  ordinance   without   sub- 
mitting to  voters 3  187 

Appropriations  from  earnings 1  194 


324     ,  Index 

PUBLIC  UTILITIES  (Continued)  Sul^diWskTn     Page 

Board  of  Public  Works, 

Control  and  superintend  City  owned  utilities..  8  71 

Plans  and  estimates 1  186 

Supervising  work  in  streets 1  70 

Bonds, 

Denominations,  form,  interest,  redemption 10  190 

Exempt  from  taxation 10  190 

Ordinance  6-8  189-190 

Sale  of 10  191 

Special  election 5-8  189-190 

Civil  Service,  employees  under 11  199 

Completion  of 14  193 

Cost  exceeding  annual  revenue 4-5  188-189 

Cost  paid  out  of  annual  revenue 4-5  187-188 

Earnings  16  193-194 

Earnings,  municipally  owned,  disposition  in  tax 

levy 12  33 

Election, 

Majority  vote,  when 4  188 

Mayor  submitting  separate  proposition 3  187 

Ordinance  calling  special  election 6-8  189-190 

Questions  to  be  submitted 6  189 

Separate  proposition  for  each  utility 3  187 

Supervisors  calling  special 4  187 

Supervisors  to  submit 3  187 

Two-thirds  of  votes 4  188 

Employees,  former,  to  be  retained lib  200 

Estimates  from  Board  of  Public  Works 10  72 

Estimates  for,  procured  through  City  Engineer 1  186 

Extensions  out  of  earnings 1  194 

Finance  Committee  examinicfg  books,  etc 4  17 

Franchise,  submission  to  people 1  ISI 

Funds    16  193-194 

Improvements  out  of  earnings 1  194 

Indebtedness,  limit  on 9  190 

Interest  out  of  earnings 1  194 

Lease  of,  submission  to  people 1  181 

Limit  of  indebtedness 9  190 

Maintenance  by  City 14  193 

Mayor  submitting  proposition  to  people 3  187 

Municipal  ownership,  intention  of  the  people 186 

Municipally  owned,  control  over 8  71 

Neglect  of  Supervisors  to  carry  out  provisions 13  193 

Negotiations,  Supervisors  entering  into 4-5  188 

Offers  for  sale  to  City 2  186 

Opening  streets,  deposits 9  71 

Operating  expenses,  payment  of 1  194 

Operation  by  City 14  193 

Ordinance  calling  election 6-8  189-190 

Ordinance  of  intention 5  188 

Percentage  of  gross  receipts,  payment  to  City 4  17 

Petition  for  acquisition  of 3  186 

Plans  and  estimates  of  cost  of  construction 1  186 

Power  to  acquire 14  193 

Purchase  by  City 7a  38 

Purchase  of  existing,  to  be  considered 2  186 

Rate  fixing  by  Supervisors 14  10 

Receipts  from,  accounting  of,  used  how 16  193-194 

Reconstruction  and  repairs  out  of  earnings 1  194 

Referendum  to  the  people 1  181 

Reserve  fund 1  194 


Index 


325 


PUBLIC  UTILITIES  (Continued)  s^.MMsfon     Pace 

Sale  by  City 14  193 

Sale  of,  submission  to  people 1  181 

Sinking  fund  out  of  earnings 1  194 

Special  election 4-8      187-190 

Street  excavations 9  71 

Submission  to  the  people 1  181 

Supervisors, 

Failure  to  enforce  Charter  provisions 13  193 

Power  to  regulate 13  10 

Submitting  proposition  to  people 3  187 

Surplus  earnings 12     '        193 

Taxes, 

Acquisition  from  current 4-5  188 

Levy  to  acquire 14  193 

Levy  to  meet  interest  and  principal 12  193 

Water  works  and  sources,  estimates  of  cost 1  186 

PUBLIC  WORK. 

Acceptance  of  work 22  77 

Board  of  Public  Works,  control  over 9  70 

Contract,  to  be  done  by 14  73 

Data,  plans,  estimates,  Board  of  Public  Works 10  72 

Designs,  approval  of 10  208 

Incidental  expenses  (See  Incidental  Expenses) 

Outside  of  City 9  49 

Penalty  for  collusion  in  bids  for  work 18  75 

Private  contracts 19  75 

Public  utilities  municipally  owned 8  71 

Under  five  hundred  dollars  without  advertising 14  73 

Urgent  necessity  without  advertising 14  73 

PUBLIC  WORKS,  BOARD  OF, 

Acceptance  of  streets 23  94 

Acceptance  of  work 22  77 

Adjourned  meetings,  business  at 5  69 

Advertisement  for  proposals  for  public  work 15  73 

Affidavit  by  contractor 6  82 

Appeal,  street  assessment 14  '  89 

Applications,  street  improvements 2  77 

Appointees    of 13  73 

Assessment  district 5  81 

Assessment, 

Grade  change 5  114 

How  made  in  special  cases 10  86 

Method  of,  establishing 10  87 

Not  to  exceed  certain  amount 8  83 

Roll 12  104 

To  be  authenticated 11  87 

Warrants  for 12  87-88 

Ayes  and  noes 5-6  69 

Bids  for  public  work 16  73 

Bonds,  employees 4  68 

Building  construction,  supervision  of 5  71 

Building  material,  use  of  street 1  70 

Buildings  through  streets,  moving 1  70 

Cellars  under  sidewalks 1  70 

CHianges  in  street  grades 1-17      112-121 

Check  accompanying  bid 17  74-75 

City  Attorney  to  draw  contracts 21  76 

City  Engineer,  appointment  of 11  72  /^ 

Civil    Service,    employees   under 11  199 

Cleaning  of  streets 29  97 


^^6 


index 


PUBLIC  WORKS,  BOARD  OF  (Continued)  s^uMi?"si'o''n     Paee 

Cleaning  of  streets 3  70 

Cleaning,   public  buildings 4  71 

Closing  of  streets 3-19      101-109 

Commissioners, 

Administering  oaths 6  102 

Appointed  by  Mayor 1  68 

Compensation,  duties,  bonds 3-4  68 

Different  political  parties 1  68 

Duties    7  69 

Official  bonds 2  213 

Qualifications,  salary,  term 1  68 

Restriction  upon  occupation 1  68 

Conduits,  control  of 7  71 

Construction,  public  buildings 6  71 

Construction,    regulating 1  70 

Contracts, 

Awarding    of 17  74 

Extensions  of  time  on 21  76 

For  unfinished  work,  reletting  of 20  75 

Must  exempt  City  of  liability 22  77 

Public  work  to  be  done  by 14  73 

Control  of,  matters  under 9  70 

Copies  of  records 21  94 

Corporation  store  yard.... 32  98 

Credits  to  owners  for  grading 9  86 

Custody  of  maps,  surveys,  contracts,  etc 8  69 

Data,  plans,  estimates  to  be  furnished  by 10  72 

Day  labor,  excavations 9  72 

Decision  final  and  conclusive 4  80 

Deed  for  delinquent  property 6  107 

Defective  street  or  sewer,  repair 5  3 

Deficiency  in  fund 16  109 

Designs,  approval  of 10  208 

Disapproval,  street  improvement 2  78 

District,  assessment 5  81 

District,  for  street  improvements 11  87 

Drainage  system,  devising 1  110 

Drains,  regulating  construction 1  70 

Encroachment  on  sidewalk  of  structure,  prohibited  1  70 

Equipment,  sprinkling  of  streets 29  97 

Erection  of  poles 1  70 

Estimate, 

Change  of  grade 3  114 

Public    improvements 10  72 

Street  improvements 2  78 

Excavating  streets,  permits  for 9  71 

Expenses  of,  year  ending  June  30,  1900 37  224 

Experts,  municipally  owned  utilities 8  71 

Extending  streets 6  102 

Extension  of  time,  contracts 21  76 

Failure,  carrying  out  private  contract,  street  work  19-20  75 
Fire  Department  buildings,  construction  and  re- 
pair    6  71 

Fire  Wardens,  report 1  154 

Foreclosure  of  lien,  street  assessment 12  88 

Garbage,  disposal  of 7  64 

Gas  mains,  regulating  laying 1  70 

Grade    changes 1-17      112-121 

Grading    credits 9  85-86 

Hand  sweeping  of  streets,  preference 29  97 


Index 


327 


PUBLIC  WORKS.  BOARD  OF  (Continued)  s^iMW^rjii     Page 

Harbor,  construction  and  repair 1  112 

Head  of  each  department,  appointment  of 13  73 

Hearing  of  objections 4  80 

Janitors,  public  buildings,  appointment 4  71 

Liability,  negligence,  defective  street 5  3 

Lien,  street  assessment,  foreclosure 12  88 

Lighting  streets,  etc 3  70 

Machines  29  97 

Majority  of  board  acting 8  108 

Materials,  street  work 31  98 

Meetings  of,  etc.,  to  be  public 5  69 

Method  of  assessment,  establishing 10  87 

Municipally  owned  public  utilities,  work  on 8  71 

Notices  (See  Notices) 

New  assessment,  making 11  104 

Objections,  property  owners 4  79 

Opening  and  awarding  bids 17  74 

Opening  of  streets 3-19      101-109 

Overruling  objections 4  80 

Owners,  street  work 19  75 

Parks,  lighting,  control  over 3  70 

Penalty  for  collusion  of  bidders 18  75 

Permits,  granting 1  70 

Pipes,  regulating  laying  of 1  70 

Plans,  public  improvements 10  72 

Poles,  erection  of,  regulating 1  70 

Posting  of  notices 3  101 

Powers, 

Of  board 7  69 

To  regulate,  what 9  70 

Sewer   construction 2  110 

Street  improvements 4  80 

Power  wires,  laying 1  70 

President  of  board 2  68 

Private  contracts,  street  improvements 19  75 

Proceedings,  instituting 4  81 

Professional  services,  engaging 8  71 

Progressive  payments  on  contracts 21  77 

Property  owners,  contract,  street  work 19  75 

Proposals  for  public  work,  details  of 16  73 

Protest,  property  owners 4  79 

Public  buildings, 

Cleaning  of 4  71 

Construction  and  repair 6  71 

Lighting   3  70 

Public  improvements  or  utilities,  data  on 10  72 

Public  utilities,  estimate  of  cost 1  186 

Public  utilities,  owned  by  City,  present  and  future, 

control  of 8  71 

Public  work  by  contract 14  73 

Publishing  and  posting  notices,  etc 6  69 

Railroad  track  construction,  regulating 1  70 

Railroad  tracks,  paving 24  94 

Record  of  contracts  and  proceedings 6  69 

Records  same  validity  as  other  records 21  94 

Refuse,  disposal  of 7  71 

Regrading,  bids  and  contracts 9  116 

Regulation   of,  what 9  70 

Rejection  of  bids 16  92 

Repairs  on  streets  not  accepted ;  16-17  91-93 

Repairs,  public  buildings 6  1\ 


328 


Index 


PUBLIC  WORKS,  BOARD  OF  (Continued)  s^bdwrsi'o'^ti     Page 

Repaying,  bids  and  contracts 9  116 

Resolution  of  intention 10  86 

Rules  and  regulations 4  68 

Salaries  3  68 

School  houses 1-2      131-132 

School  houses,  construction  and  repair 6  71 

Secretary    to    Board    (See    Secretary    Board    of 
Public  Works) 

Appointment   of 3  68 

Civil  service,  exempt  from 11  199 

Duties 6      .         69 

Session  for  hour,  bids 16  92 

Sewage,  disposal  of 7  71 

Sewers, 

Connection,  permit 4  110 

Construction,  etc ' 2  110 

Defective,  repair 5  3 

Lands  for 9  111 

Regulating  construction 1-2  70 

Sidewalk,  encroachment  on,  prohibited 1  70 

Sidewalks  not  yet  accepted,  repairs 16  91 

Sprinkling  of  streets,  charge  of 3  70 

Squares,  lighting,  control  over 3  70 

Steam  heat  mains,  regulating  laying 1  70 

Storekeeper 32  98 

Store  yard,  corporation  ,  32  98 

Straightening  of  streets  '  6  102 

Streets, 

Assessment,   releasing 13  89 

Defective,   repair  5  3 

Excavations   9  71 

Grades    1-17      112-121 

Improvement  applications,  action  on 2  78 

Moving  buildings  through  1  70 

Opening,   closing,   etc 3-19      101-109 

Railway  track  construction,  regulating 1  70 

Refuse,  disposal  of 7  71 

Use  of,  building  material '......  1  70 

Work,  property  owners  19  75 

Subdivision  maps  28  96 

Subpoena  witnesses,  power  to 4  114 

Succeed  certain  officers  and  commissions 7  69 

Superintendence  of,   matters   under 9  70 

Superintendents,  engineers,  employees  3  68 

Supplementary  assessments  18  109 

Sweeping  of  streets  29  97 

Tearing  up  streets,  proceedings 9  71 

Technical  services,  municipal  utilities 8  71 

Telegraph  and  telephone  poles,  regulating 1  70 

Temporary   fences  1  70 

Titles,  conflicting  9  103 

Track  construction,  regulating  1  70 

Unfinished    portion,    private    street    contract,    re- 
letting     20  75 

Ungraded  or  unimproved   portion   of  street,   pro- 
ceedings      4  80 

Urgent  repairs  to  streets 30  97 

Use  of  streets,  building  material 1  70 

Vaults  under  sidewalks,  permits 1  70 

Warrants  for  assessments  12  87 


Index  329 

>^ 

PUBLIC  WORKS,  BOARD  OF  (Continued)  s^ulKlivrsUn.     Paeo 

Water  mains,  regulating  laying  1  70 

Water  works  and  sources,  estimates  of  cost 1  18G 

Wharves,  constructing  and  repairing.. 1  112 

Widening  streets  3-19      101-109 

Wires  for  lighting  and  power,  regulating 1  70 

Witnesses,  power  to  subpoena 4  114 

Work  to  be  let,  how  14  73 

Work  under  direction  and  to  satisfaction  of 22  77 

PUBLICATION    (See  Advertising) 

PUPILS,  SCHOOL,  promotion* 4  129 

PURCHASE, 

Arbitrators,   appointment   of 7a  38 

Books  for  libraries  2-4      133-134 

Civic  Center,  land  for 10  22 

Cleaning  and  sprinkling  of  streets,  equipment 29  97 

District  Attorney,  property  at  execution 4  60 

Excess  land  over  actual  requirements 10  22 

Franchise,  street  railways 7a  37 

Lands,  combining  proceedings  6  123 

Officials  barred  from  interest  in 6  216 

Playground  Commission,  lands 5  211 

Property    delinquent    on    assessments,    City    and 

County  shall  3  106 

Property  for  public  use 12  10 

Property  levied  upon  or  under  execution 34  13 

Public  library  property  4  133 

Public  utilities  by  City  1-16      186-194 

Relief  Home,  lands  for  ._, 10  23 

School  lot  3  132 

Sewer  construction,  land  for 6  111 

Storekeeper    : 32  98 

Street  railway  franchise  - 7a  37 

Streets,  lands  for  opening,  etc 1-19      100-109 

Superintendent  of  Schools,  by 5  130 

Supplies    38  14 

Supplies  for  departments  .'. 1  24 

Tunnel,  subway  and  viaduct  construction,  lands 

for    2  121 

Valuation,  basis  of  7a  37 

Water  supply  and  sources,  lands  for 15  193 

Q 

QUALIFICATIONS, 

Attorneys    attending   Police   Court 16  67 

Candidates  for  office  8  167 

Citizenship     '. 2  215 

For    office   : IKj  215 

Judges,   Police  Court 1  63 

Of    commissioners    and    officers    (See    under    re- 
spective officers  and  departments) 
Officer  within  prescribed  time  after  election   or 

appointment    10  217 

Residence   in   city   2  215 

Warrant  and  Bond  Clerk 5  65 

QUALITY, 

Inferior,  acceptance  by  officer,  penalty 4  27 

Water,  heat,  light,  etc.,  services  and  appliances....  13  10 


330  Index 

r\TTi-YT.TTn/r  Section  or 

QUORUM,  Subdivision      Page 

Board  of  Supervisors 3  4 

Library  Trustees  5  133 

Park   Commission    4  205 

Playground  Commission   3  210 

R 

RAILROADS, 

Acquisition   by   City 1  186 

Assessment,  street  work   T. 7-8  82-83 

Common  use  of  tracks  28  12 

Construction  under  supervision  of  Board  of  Pub- 
lic  Works    1  70 

Entering  City  28  12 

Franchises,  no   exclusive   granted 28  12 

Joint  use  of  tracks,  five  blocks  each  end  of  tun- 
nel, etc 5  123 

Lien  for  street  work 7  83 

Purchase  by  City  2  186 

Recovery,  street  work  done  by  contract. 24  95 

fcipur  tracks  3  9 

Street  improvements,  to  pay  for 7-8  82-83 

Streets,  paving  and  repair 28  12 

Streets,  paving  and  repair 24  94 

Tunnel,  subway  and  viaduct 5  123 

RANK,  promotion  from  next  lowest 1  142 

RATES, 

Advertising,    olTicial 2  26 

Interest  on  deposits  of  public  funds 2  50 

Lighting,  uniform  6  28 

Passenger  and  baggage  7  9 

Public  utilities,  power  of  Supervisors  to  fix 14  10 

Street   railways   27  12 

Taxes     11-13  33 

READING  ROOMS  (See  Libraries) 

REAL  ESTATE   (See  Lands,  City  Property) 

REBATE,  affidavit  by  contractor 6  82 

RECALL, 

Disqualification    10  184 

Examination  and  certification  of  petition 2      182-183 

Filing  of  petition  1  182 

How  conducted  7  184 

Incumbent, 

Continuance  in  office 8  184 

Removal   from  office   8  184 

Second  and  third  recall  elections  of 8  184 

Initiative  provisions  govern  2  182 

Name  of  incumbent  on  ballot 5  183 

Nominations    5  183 

Officer  must  have  held  office  four  months 1  182 

Printed  statements  6  183 

Procedure     1  182 

Reimbursement  of  incumbent  for  expenses 9  184 

Sample  ballot  6  183 

Several  removals  at  one  election 4  183 

Signatures,  number  required  1  182 

Special   election   * 3  183 

Successor  to  office  8  184 

Time  of  election   3  183 

\acancy  in  office  3, 10     183, 184 


Index  331 

RECEIPTS,  Section  or 

.     ^.                                                                                                              Subdivision  Puge 

Action    upon 8-10  41 

Auditor  to  furnish  officials  5  40 

Deposits  of  public  funds  2  50 

District  Attorney  2  •    60 

Duplicate,  issuance  in  4  52 

Officers,  monthly  reports  9  41 

Official,  consist  of  what  6-7  40 

Other  officers  than  Treasurer 7  40 

Percentage  of  payment  by  corporations 4  17 

Public  utility  earnings  16      193-194 

Street  assessments  12  117 

Street  railways,  percentage  to  city 6  18 

Stubs  4-7  40 

Treasurer  issuing  4-6  40 

Treasurer's    4  52 

Treasurer's  monthly  report  8  41 

RECEIVING  HOSPITAL  (See  Hospitals) 

RECOMMENDATIONS, 

Chief  Engineer,  Fire  Department  2  152 

Closing  of  streets  27  96 

Railroad  tracks,  paving  ;. 24  94 

Sewerage  and  drainage  1  110 

Street  grades,  change  of  1  112 

Street  improvement  applications  2  78 

Superintendent  of  schools  3  129 

RECONSIDERATION, 

Bills  or  resolutions,  objection  by  Mayor 16  7 

Motion  to  reconsider  12  6 

RECORDER, 

Ballot,  arrangement  of  office  on 10b  168 

Bond,   official   2  213 

Civil  Service,  employees  under  11  199 

Copyists    1  56 

Custodian  of  public  records  2  56 

Deputies   1  56 

Duties   of  2  56 

Election,  qualifications,  term,  salary 1  56 

Election  of,  at  what  time 1  164 

Fees  2  56 

Four-year  term   for 38a  225 

RECORDING, 

Ordinances  and  resolutions  by  Clerk  of  Supervis- 
ors      17  7 

Subdivision   maps   28  96 

RECORDS, 

Auditor,  charge  of  financial 1  47 

Board  of  Public  Works  21  93 

Bonds,  official   1  213 

Certificate,  repair  to  streets  17  93 

City  Attorney  3  59 

County   Clerk   10  66 

Custody  of  12  217 

Custody  of  Recorder  2  56 

Demands  by  Auditor  4  47 

Departmental,  supervision  by  Mayor 2  45 

Deposits  of  public  funds 2  51 

Finance  Committee,  access  to 3  17 

FMre  Pension  Fund  Commissioners 8  157 

Keeping  of  by  departments  41  14 

Lost,  stolen,  or  unclaimed  property 1  143 


332  Index 

RECORDS  (Continued)  SubdivfsrJn     Page 

Open  to   inspection 21  94 

Open  to  inspection  13  217 

Police   Commission   2  138 

Police   Court   1  61 

Police  Court  actions  10  66 

Police  Department    13  217 

Supervisors  to  provide  method  and  facilities 41  13 

Warrants,  street  assessments  12  88 

RECOVERY, 

City's  money  or  property 14  43 

Costs  of  action 15  90 

Deposits  of  public  funds  2  51 

District  Attorney  to  prosecute  actions 2  60 

Paving,  railroad  tracks  24  95 

Street   assessment  15  90 

RECREATION   CENTERS 1  210 

REDEMPTION, 

Delinquent  assessments,  change  of  grade 12  118 

Delinquent  assessments,  property  sold  on 1  105 

Exposition  bonds  29a  222 

Property  sold  on  execution  by  lessee 20  93 

Public  utility  earnings  1  194 

Revolving  fund  .". 291^  221 

Street  improvement  bonds  29^2  221 

Supervisors  to  provide  for  .— 14  34 

Surplus  earnings  paying  12  193 

Surplus  fund  3  36 

Surplus  in  bond  issue  10  191 

Surplus  in  sinking  fund  for 7  37 

Tax  levy  above  dollar  limit  11  33 

Tax  levy  to  pay  12  193 

RE-ENACTMENT,   Ordinance  10  5 

REFERENDUM, 

By  Mayor  at  next  general  election 2  181 

By  six  Supervisors  at  next  general  election 2  181 

By  Supervisors  at  general  or  special  election 2  181 

Franchise  grant  7  20 

How  conducted  6  182 

Initiative  provisions  governing  4-6      181-182 

Majority  vote   7  182 

Matters  submitted  to  people 1  181 

Measure  goes  into  effect  ten  days  after  count 7  182 

Percentage  of  signatures  requisite 3  181 

Petition  filed  within  sixty  days  of  ordinance  be- 
coming final  3  181 

Time  of  elections  5      181-182 

REFUND,  surplus,  street  assessment 18  109 

REFUSAL, 

Bidder  to  enter  into  contract 16  92 

Liquor  permits  3  136 

Sale  of  city  lands,  by  Supervisors 9  22 

Supervisors  to  enforce  provisions 13  193 

To  pay  assessment  15  90 

Treasury  to  pay  demands 5  53 

REFUSE,  street,  disposal  of 7  71 

REGISTER, 

Accepted    streets 23  94 

Actions  by  City  Attorney 3  59 

Board  of  Health , 4  161 


Index 


333 


REGISTER  (Continued)  slMivLron     Page 

District  Attorney,  actions  2  60 

Police  Court  1  61 

Warrants  by  Auditor  8  48 

REGISTRAR  OF  VOTERS  (See  Elections) 

REGISTRATION, 

Births  and  deaths 4  161 

Bonds  10  192 

Civil  Service,  successful  applicants  7  197 

Contracts    5  27 

Contracts  for  labor  or  supplies .-. 9  31 

Precinct  registration  5  164 

Unpaid  demands  6  53 

Voters   (See  Elections) 

REGRADING, 

Bids  and  contracts,  change  of  grade 9  116 

Civil  Service  2  195 

REINSTATEMENT, 

After  discharge  from  military  service 21  203 

REJECTION, 

Bids  by  Board  of  Public  Works 17  74 

Bids  by  Supervisors  5  27 

Bids  for  supplies  1  24 

Bond  bids  10  191 

Franchise  bids  6  18 

Ordinances,  etc.,  by  people  1  174 

RELEASE,  prisoners  on  bail 5  65 

RELETTING,  unfinished  portion,  street  contract 20  75 

RELIEF  FUNDS, 

Fire   Department 1  155 

Police  Department  1  144 

RELIEF  HOME  3  160 

RELIEF  HOME  TRACT, 

Supervisors   may   sell    part   and    purchase    other 

land    10  23 

RELIGION, 

Appointments  in  Police  Department  without   re- 
gard to  3  135 

Books  or  teachings  not  allowed  in  schools 1  129 

Qualification  not  essential  to  election  or  appoint- 
ment      1%  215 

REMOVAL, 

Absence  from  State  of  Officer 3  215 

Appeal  to  Civil  Service  Commission 12  200 

Appointed  officers,  when  and  how 18-20  218 

By  appointing  officer  on  charges 12  200 

Civil  Service, 

Commissioners  1  195 

Register,  names  from  9-10  198 

Restrictions  12  200 

Rules   3  196 

Detective  sergeants  6  141 

Deputies,  clerks,  employees,  etc 21      218-219 

Elected  officers,  when  and  how 18-19  218 

Fire  Department  members  7  150 

Grounds  for  12  201 

Health  Department,  not  without  cause 5  161 

Library  employees  ?.  134 

Officers  for  misfeasance  4  27 

Officers    neglecting   to   make    daily    deposits    in 

treasury    17  218 


334  Index 

REMOVAL  (Continued)  S^ubdwfsfon     Page 

Recall  of  officers 1-13     182-185 

Supervisors,  neglect  to  enforce  provisions 13  193 

Teachers  2  125 

Works  of  art,  approval  necessary 10  208 

RENEWAL, 

Franchise  grant 6  19 

Franchise,  time  required  12  6 

Teachers'     certificates 3  125 

RENT, 

Deduction  from  assessment 20  93 

Lands  owned  by  City 32  13 

REPAIRS, 

Accepted   streets 23  94 

Board  of  Public  Works,  supervision 6  71 

Defective  street  or  sewer.... 5  3 

Drains  2  110 

Fire  Department  buildings,  supervision 6  71 

Harbors    1  112 

Lessee  deducting  payment  from  rent 20  93 

Materials,  contracts  for 31  98 

Public  buildings  6  71 

Public  Utilities  1  194 

Railroad  assessment,  street  work 3  83 

Railroads,  streets 28  12 

Railroad  tracks,  street  work 24  94 

Refusal  to  make 18  93 

School  houses  : 2  132 

School   houses,   emergency 3  131 

Sewers 2  110 

Sidewalks  not  yet  accepted  16  91 

Streets, 

Bids  16  92 

By  railroads  28  12 

Notices  to  owners  16  91 

Penalties,  refusal  to  make 18  93 

Tax  limit  suspension  13  33 

Under  five  hundred  dollars  without  advertising....  14  73 

Urgent  necessity,   payment   8  83 

Urgent   street   30  97 

Wharves   ". 1  112 

REPAYING,  bids  and  contracts,  change  of  grade 9  116 

REPEAL, 

Ordinance,  initiative  petition   7  179 

Ordinance,  referendum  election  7  182 

Ordinances    18  7 

REPORTERS, 

Police   Court 11  66 

Superior  Court  2  58 

REPORTS, 

Advertising,    official 2  26 

All  officers  must  render  annual 9  217 

Assessment  district  5  82 

Board  of  Education  3  128 

Board  of  Public  Works 6  69 

Bonds,   official   3  17 

Change  of  grade 6     114-115 

Chief  Engineer,  Fire  Department 2  152 

Civil  Service  Commission 15  201 

Contracts,  violation  of 3  46 


Index  335 

Section  or 

Subdivision  Page 

REPORTS  (Continued) 

Fire  Wardens,  buildings 1  154 

Licenses    5  55 

Officer,  failure  to  make,  Auditor's  action 6  48 

Police  Relief  and  Pension  Fund 13  148 

Public  utilities  owned  by  City 3  194 

Receipts,  monthly  by  officers 9  41 

School  Department  .• 3  128 

Stationery  supplies 3  27 

Streets,  opening,  etc 7-8  103 

Superintendent  of  Schools  2  129 

Treasurer,  on  condition  of  treasury 2  49 

Treasurer  to  Auditor  8  41 

REQUISITIONS, 

School  houses 1  131 

Stationery  and  printing  3  27 

Storekeeper   32  98 

RESERVE,  school  lots,  outside  lands 11  23 

RESERVE  FUND,  Public  utility 1-2  194 

RESERVOIRS,  water  supply,  lands  for 15  193 

RESIDENCE, 

Ceasing  to  be  a  resident  creates  vacancy  in  office  10  217 

City  Attorney,  prior  to  taking  office 1  58 

Contracts  for  City  and  County 1  25 

Fire  Department  members 6  150 

Non-resident,  forfeit  right  to  police  pension 5  146 

Officers  and  employees  of  City  and  County,  essen- 
tial requisite  2  215 

Pension,  Fire  Department,  essential 6  157 

Playground  Commission   1  210 

Police   officers   3  135 

Positions  exempt  from  restriction 2  215 

Surety  on  official  bond 4  214 

RESIGNATIONS,  notice  to  Civil  Service  Commission  13  201 

RESOLUTIONS, 

Acceptance  of  work 22  77 

Adoption  „ 9  5 

Advertising    13  6 

Advertising,    official 2  26 

Approval   by   Mayor 16  6 

Assessment,  street  work 10  86 

Board  of  Public  Works, 

Acceptance   of  work 22  77 

Street  assessment  10  86 

Street  improvements   3  79 

Changes  of  grade  1  112 

Closing  of  streets  2  101 

Deposited  with  and  recorded  by  Clerk  of  Super- 
visors      17  7 

Disapproval  by  Mayor .—  16  6 

Extending  of  streets  .^ 2  101 

Franchises,  street  railways  6  18 

Intention,  of  10  86 

Passage,   Supervisors   9  5 

Straightening  of  streets 2  101 


336 


Index 


RESOLUTIONS  (Continued)  sSw?s?on     Page 

S-treets, 

Assessment 10  86 

Grade  changes 1  112 

Improvements,  Board  of  Public  Works 3  79 

Improvement   bonds   29i/4         221 

Opening,  closing,  widening,  etc 2  101 

Work,  publication   26  96 

Street  railway  franchises  6  jl8 

REST   DAY   2  158 

RETURNS, 

Municipal  elections,  canvass  of 19      171-173 

Warrant,  street  assessment  13  89 

REVENUE   (See  also  Finance,  Taxation) 

Apportionment  of  1  35 

Apportionment  to  funds  by  Auditor 10  41 

Auditor's  annual  estimate  2  30 

Auditor's    supervision    over 1  47 

Collection,  Supervisors  to  provide  for 14  34 

Custody  of   1-14  39-43 

Demands  to  be  paid   out  of  income  for   current 

fiscal  year  only  13  43 

Deposited  daily  in  Treasury,  to  be 17  218 

Expenses  not  to  exceed  yearly 13  34 

Fees   , 3  39 

Libraries,   public   5  133 

Limit  of,  as  to  tax  levy , 11  33 

Officers,  monthly  report  by 9  41 

Parks  6  205 

Payments  into  treasury 1  39 

Percentage  to  city,  payment  by  corporations 4  17 

Police  Relief  and  Pension  Fund 11  147 

Public  utilities,  acquisition  of  out  of  annual 4      187-188 

Public  utility  earnings  16      193-194 

Receipts,  official   .* 5-7  40 

Street  railways,  percentage  to  city 6  18 

Streets,    opening,    closing,    etc.,    payment    out    of 

City's  current  2  101 

Supervisors  to  fix  amount  14  34 

Surplus  fund,  used  as  revenue  ensuing  fiscal  year  3  36 

Tax  Collector,  collections  by 2  54 

Treasurer's  monthly  report  8  41 

Treasurer  to  receive  and  safely  keep 2  49 

REVERSION, 

Buildings,  etc.,  erected,  school  lot  lease 11  127 

Roadbed  and  tracks,  street  railway,  to  City 6-7  19-20 

REVISION,  ordinance   10  5 

REVIVAL,  claims  1  44 

REVOCABLE  PERMITS,  spur  tracks 3  9 

REVOCATION, 

Licenses  4  55 

Liquor  permits  3  136 

Permits  by  Police  Commission 9  138 

Teachers'  certificates 3  125 

REVOLVING  FUND,  how  created  and  for  what  pur- 
pose     29^         221 

REWARDS, 

Felons,  apprehension 21  11 

For  heroic  conduct,  police  member 8  146 

Police  pension  fund 11  147 

RICHMOND  DISTRICT,  school  lots,  sale  of 11  23 


Index 


337 


RIGHTS, 

City  and  County  of  S"an  F^a^cisco 

City   Attorney,   advice   

Franchise,  purchase  by  City 

Patented  pavement  

RIGHTS  OF  WAY,  tunnels,  etc 

RIOTS, 

Chief  of  Police,  suppression 

Mayor,  suppression 

ROADBED, 

Forfeiture,   f i  anchise   penalty 

Lease  on  reversion  to  City 

Reverting  to   City 

ROLL  (See  Assessment  Roll,  Pay  Rolls) 
RULES, 

Board  of  Education 

Board  of  Health  

Board  of  Public  Works  

Civil  Service  

Fire   Department  

Libraries,   public   

Nuisances,  abatement  of 

Park  Commission  

Pension,  Fire  Department  

Pension,  Police  Department  

Playgrounds    

Police   Court   

Police   Department   

Sanitation    

Sewers  and  drains  

Supervisors,  proceedings  


Section  or 
Subdivision 

3 
2 

7a 
26 
2 

2 
2 

7c 

7 
6 

4 

Page 

2 

58 

37 

95 

121 

139 
39 

39 
20 
19 

125 

1 
4 

160 
68 

3 

8 

196 
150 

1 

134 

4 

161 

4 

205 

7 
7 

157 
146 

3-4 
15 

210 
67 

2 

136 

4 

161 

3 

110 

2 

4 

s 

SAFES,  Treasurer's  and  joint  custody 

SALARIES  (See  under  separate  officers  and  depart- 
ments) 

Actual  service,  only  for  time  covered  by 

Approval  by  heads  of  departments 

Auditor  to  approve  after  action  by  Civil  Service 
Commission   

Auditor  to  pass  demands  for 

Board  of  Public  Works,  control  of  heads  of  de- 
partments   

Budget  estimates  

Civil  Service  Commission,  verifying  demands 

Civil  Service,  grading  and  regrading 

Common  school  fund  

Deductions  from  for  absence 

Demands,  Civil  Service  Commission  approving 

Deputies  proportionate  to  actual  service 

Disability,   during  

Fees,  Public  Administrator  

Graded  by  length  of  service , ..... 

Hosemen,  hostlers  and  hydrantmen 

Increase  in  

Increase  in  

Increase  in  41-42 

In  full  compensation  for  all  services 


52 


33 

223 

13 

42 

19 

202 

13 

42 

13 

73 

1 

30 

19 

202 

2 

195 

9 

126 

6 

48 

19 

202 

33 

223 

3 

152 

61 

158 

158 

IK' 

158 

164 

42 

226 

34 

223 

338 


Index 


SALARIES    (Continued)  Subdivision      Page 

Interpreters,  courts  : 20  11 

Judges,  Police  Court  a 1  63 

Like  salaries  for  like  duties 2  195 

Monthly  payment  1  43 

Outside  of  City,  payments 9  49 

Patrol  drivers  1%  142 

Payrolls,   verification   19  202 

School  Department 10  127 

School  Department  4  128 

Schools,  prompt  payment  9  126 

Teachers    2  125 

Two  salaried  positions  cannot  be  held 4      215-216 

Urgent  repairs  to  streets 30  97 

Warrant  and  Bond  clerks  5  65 

Weights  and  Measures  Department 1  57 

SALE, 

Appraisements    9  21 

Auction,  City  lands  9  21 

Bonds    10  191 

Certificate  of  3-4  106 

City  and  County  property  33  13 

Delinquent  on  assessments,  property 14  105 

Deposit  by  purchaser  9  22 

Exposition  bonds  '. 29a  222 

Fire  Marshal  : 4  154 

Lands  owned  by  City  and  County.... 9  20 

Laws,  enforcement  of  4  154 

Library  bonds  10a  192 

Liquor  3  136 

Mission  Creek  lands  9  20 

Notice,  advertising  9  21 

Officials  barred  from  interest  in 6  216 

Private  sale,  City  lands  9  21 

Proceedings,  lands  owned  by  City 9  20 

Public  improvement  bonds  29  220 

Public  utilities. 

Bonds    10  191 

Submission  to  people 1  181 

To  City  2  186 

Relief  Home  lands  10  23 

Salvaged  property  4  154 

School  lots,  outside  lands  11  23 

School  personal  property  12  127 

Security,  deposits  of  public  funds 2  51 

Street  assessment  lien  15  91 

Street  improvement  bonds  291^  221 

Supervisors,  majority  vote  9  22 

Tunnel,   subway   and  viaduct   assessments   delin- 
quent             2  122 

Unclaimed   property   5  137 

Unsold  bonds  10  191 

Wharves,  prohibited  2  112 

SALVAGED  PROPERTY,  sale  of 4  154 

SAMPLE  BALLOTS  17  70 

Initiative  petition  9  179 

Recall  election  6  183 

SAN    FRANCISCO    (See    City    and    County    of    San 
Francisco) 

SAN  FRANCISCO  HOSPITAL   (See  Health  Depart- 
ment) , 


Index  339 

Section  or 

Subdivision  Page 
SAN    FRANCISCO   LAW   LIBRARY    (See   Law   Li- 
brary) 
SANITATION, 

Board  of  Health,  supervision 3  160 

Enforcing  ordinances  4  161 

Laws,  enactment  1  8 

Municipal  institutions  3  160 

SCHEDULE, 

Salaries 4  128 

Supplies    1  24 

SCHOOL  LOTS   (See  Schools) 11  23 

SCHOOLS, 

Acceptance  of  school  houses 1  132 

Attendance,  compelling  4  125 

Board  of  Education   (See  Education,  Board  of) 

Buildings,  construction  and  repair 1-2     131-132 

Buildings  to  have  clear  space  of  ten  feet  around 

them    3  132 

Census  marshals   7  12G 

Certificates  of  teachers  3  125 

Certificates,  special  2  130 

Charges  against  teachers  2  125 

City  Board  of  Examination  6  130 

City  certificates  4  130 

Class  rooms,  number  of 1  131 

Common     School     F^ind     (See    Common     School 
Fund) 

Consolidating    1  125 

Contracts,  provisions  governing  2  128 

Demands,  approval  13  42 

Demands,  filing  and  signing 10  127 

Department,  what  comprised  in 1  124 

Designs,  approving  10  208 

Directors,   appointment   1  124 

Directors,  official  bonds  2  213 

Disbursement  of  funds  9  126 

Emergency  expenditures  3  131 

Employees,  charges  against  5  125 

Establishing  and  changing  1  125 

Evening  schools  2  124 

Examination  of  teachers 1  130 

Funds,  balance  in,  excepted  from  surplus  fund 16  34 

Funds,  outside  dollar  limit 13  33 

Houses,  construction  and  repair 6  71 

Houses,  requisition  on  Board  of  Public  Works 1  131 

Leasing  of  real  estate 11  127 

Lessee,  improvements  by,  reverting  to  City 11  127 

Lots, 

Panama  Pacific  Exposition  may  use 6  126 

Purchase  of 3  132 

Sale  of,  outside  lands 11  23 

Personal    property 6  125 

Powers,  Board  of  Education 1  125 

Promotion  of  pupils 4  127 

Religious  or  sectarian  books  or  teachings  in,  for- 
bidden     1  129 

Repairs,  etc.,  how  secured .: 2  132 

Report  of  Board  of  Education 3  128 

Report,  Superintendent  of  Schools 2  129 

Revocation  of  certificates 3  130 


340  Index 

SCHOOLS  (Continued)  SuMwfskTn     Page 

Salaries, 

Of  teachers,  amount  to  be  raised 9  126 

Prompt  payment  of 9  126 

Roll 10  127 

Schedule  4  128 

School  directors 1  124 

Secretary  to  Board  of  Education 2  124 

Superintendent  of  Schools 1  128 

Teachers :. 2  125 

Sanitary  supervision,  Board  of  Health 3  160 

.      Standing  of 6  130 

Studies,  course  of 5  129 

Superintendent  of  (See  Superintendent  of  Schools) 

Supplies 2  128 

Tax  levy  for  support  of., 1  130 

Tax  limit  suspension,  expenses,  buildings,  etc 13  33 

Teachers  (See  Teachers) 

Text  books 5  129 

Transfer  of  pupils 4  127 

Truancy,    remedying 4  125 

Trust  funds 12  127 

SCULPTURE,  approved  by  Park  Commission 10  207 

SEAL,  bags  of  gold  and"  silver 3  52 

Ballot  boxes 19  171 

City  and  County  of  San  Francisco 1  1 

Custody  of 7  5 

Each  department  to  be  provided  with 23  11 

Election  returns 19  172 

Tally  sheets  and  tally  returns 19      171-172 

SEAL  ROCKS,  jurisdiction,  Park  Commission 1  204 

SEALER,  weights  and  measures 1-2  57 

SEARCH,  for  evidence  and  stolen  property 7  140 

SECOND  HAND  DEALERS, 

Peimits  9  138 

Supervision  of  Chief  of  Police 7  140 

SECRETARIES, 

Board  of  Education 2  124 

Board  of  Public  Works 3  68 

Civil  Service  Commission 16  201 

Fire   Commission 4  149 

Mayor    1  45 

Park  Commission 4  205 

Playground    Commission 3  210 

Police  Commission : 4  136 

Public  Libraries : 5  133 

SECRETARY,  BOARD  OF  PUBLIC  WORKS, 

Appointment  and  salary 3  68 

Bond  and  check,  contracts 21  76 

Change  of  grade 9  116 

Delinquent  assessments  on  change  of  grade 12  117 

Notice,  paving,  railroad  tracks 24  94 

Objections  of  owners 4  79-81 

Recording  bids 16  92 

Record  of  transactions..... 6  69 

Street  cleaning  proposals 29  97 

Warrants,  street  assessments 13  89 

SECTARIAN  BOOKS  OR  TEACHINGS 1  129 

SECURITY,  deposits  of  public  funds 2  50 

SENIORITY  OF  SERVICE, „,„-,.,„- 1  142 


Index  Ml 


SEPARATE, 

Bids,  advertising  delinquent  tax  list 

FMnds 

Funds  by  Treasurer 

Items,  veto  by  Mayor 

Sale  on  delinquent  assessments 

Stationery  contracts  for  printing 

SERGEANTS  OF  POLICE .' 

SERVICE, 

Actual  payment  only  for 

Investigation  by  Civil  Service  Commission 

Meritorious  public 

Military  

Military,  reinstatement  in  position 

Notices,  Board  of  Public  Works 

Period  requisite,  pension.  Fire  Department 

Restoration  to 

Retiring  police  officers  from 

Salary  graded  by  length  of 

Seniority  of 

Street  work  notices 

Water,  health,  light,  etc.,  regulation 

SESSIONS, 

Extra,  of  Supervisors,  Mayor  calling 

Police  Commission 

Police  Court 

SETTLEMENT,  litigation  by  City  Attorney 

SEVENTEENTH  STREET,  sale  of  lands 

SEWERS, 

Acceptance  of  streets,  to  be  laid  before 

Assessment,  portion  of  street 

Bids  and  contracts,  change  of  grade 

Board  of  Public  Works,  charge  of 

Changes  of  grade 

Condemnation  of  property 

Conditional  acceptance  of  street 

Connections,  permits 

Construction  and  repair 

Construction,   regulating 

Control  of 

Cost  exceeding  five  dollars  per  foot,  authority  nee 
essary  

Crossing,  objections,  property  owners 

Damages  

Defective,  liability,  damages 

Disposal  of  sewage 

Expense  of,  how  assessed 

Flushing,  regulation  of 

Ordinances  

Recommendations,  Board  of  Public  Works 

Rules  and  regulations 

Special  fund  for 

Supervisors,  majority  vote 

Tax  limit  suspension  for  repairs,  etc 

SEX, 

Office  or  position  not  limited  by 

To  be  disregarded  in  appointment,  when 


Serf  ion  or 

SubdivisioE 

1   Page 

2 

26 

1 

35 

2 

50 

14 

6 

3 

loe 

3 

26 

1-6 

140-141 

33 

223 

14 

201 

1 

142 

43 

226 

21 

203 

22 

94 

3 

155 

3 

145 

2 

144 

1 

158 

1 

142 

26 

96 

13 

10 

5 

.   46 

4 

136 

1 

63 

2 

58 

9 

20 

23 

94 

8 

85 

9 

116 

2 

110 

1 

113 

9 

111 

23 

94 

4 

110 

5,8 

111 

1-2 

70 

2 

110 

2 

78 

4 

80 

7 

111 

5 

2 

7 

71 

2 

83 

13 

10 

6,8 

111 

5 

111 

3 

110 

22 

il 

8 

111 

13 

33 

1% 

215 

9 

198 

342  Index 

Section  or 
Subdivision      Page 
SHERIFF, 

Attachment,  person  in  contempt  of.  Police  Com- 
mission    8  138 

Attorney,  appointment  of 2  62 

Ballot,  arrangement  of  office  on 10b  168 

Civil  service,  employees  under  and  those  exempt..  11  199 

Compensation  from  State 1  62 

Deputies,  employees,  salaries 2  62 

Designates  duties  of  deputies 3  62 

Election,  at  what  time 1  164 

Election,  term,  salary,  powers,  duties 1  62 

Four-year    term 38a  225 

Official  bond 2  213 

SHORTAGE   IN   TREASURY 3  52 

SIDE  TRACKS,  permits  by  Supervisors 3  9 

SIDEWALKS, 

Assessment  to  meet  work  on 2  83 

Bids  and  contracts,  change  of  grade 9  116 

Cellars  and  vaults  under,  permits 1  70 

Changes  of  grade 1  113 

Defective,  liability,  damages 5  2 

Encroachments   on,  prohibited 1  70 

Objections,  property  owners 4  80 

Obligation  on  owner  to  repair,  etc.,  until  accepted  16  92 

Repairs  to  prior  to  acceptance 16-17  91-93 

Use,  control  by  Supervisors  2  9 

SIGNAL  SYSTEMS— Fire  and  Police  1-5  159 

SIGNATURES, 

Bonds    11  192 

Clerk,  Board  of  Supervisors  7  5 

Contracts,  Board  of  Public  Works 21  76 

Coupons  on  bonds  11  192 

Library   bonds 10a  192 

Petition, 

Acquiring  of  public  utilities  3  187 

Charter  amendments 22  8 

Initiative  of  people  2-3      175-177 

Referendum  petition  3  181 

SILVER    IN    BAGS    3  52 

SINKING  FUNDS, 

Balance  to  ensuing  fiscal  year  5  36 

Budget  provision  2  30 

Disposition  of  accumulated  moneys  in 7  37 

Proposals  for  redemption  of  bonds 7  37 

Public   utilities,   municipal,   earnings 12  33 

Public  utilities,  municipal,  earnings 1  194 

Street  improvement  bonds  29^/^  221 

Supervisors  to  provide  for 14  34 

Surplus  earning  paying  12  193 

Surplus  fund,  liquidation  of  3  36 

Surplus  in  bond  issue 10  191 

Surplus  in  not  to  go  to  surplus  fund 16  34 

Tax  levy,  above  dollar  limit  11  33 

Tax  levy  to  provide  for 12  193 

SITES, 

Civic  Center  10  22 

Panama  Pacific  Exposition  37  13 

Schools,  proceeds  from  sale  of  school  lot 11  23 

SIXTEENTH  STREET,  sale  of  lands 9  20 


index 


343 


SIXTY  DAYS.  slrbdivis'ii 

Amendments  to  Charter,  election  22 

Ordinance  becoming  final  3 

SOCIETY,  Prevention  of  Cruelty  to  Animals 19 

SOURCES  OF  WATER  SUPPLY 1 

SPECIAL, 

Deposit  fund  4 

Elections  (See  Elections). 
Meetings, 

Police  Commission  2 

Supervisors  5 

Police    officers 4 

SPECIFICATIONS. 

Change  of  grade 9 

Contracts,  Board  of  Public  Works 21 

Materials  in  accordance  with 22 

Repairs  to  streets 16 

School    houses 1 

Street  cleaning 29 

SPEED    street  railways 27 

SPONSORS  FOR  CANDIDATES,  municipal  elections  5c 

SPRINKLING  STREETS, 

Board  of  Public  Works,  charge  of 3 

Proposals  for  29 

Regulations   by   Supervisors 13 

SPUR  TRACKS,  permits  by  Supervisors 3 

SQUARES    (See  Parks), 

Jurisdiction.    Park    Commission 6 

Lighting,  Board  of  Public  Works,  control 3 

Ordinances  by  Park  Commission  5 

Sales  of  lands,  specifically  excepted 9 

Works  of  art  10 

STAINED  GLASS,  Approval  10 

STATE, 

Absence  from 3 

Building,   Civic  Center  10 

Employees   prohibited   from  holding  another  of- 
fice  under  4 

Prisons,  delivery  by  Sheriff 1 

Taxes  above  dollar  limit  11 

Weights  and  Measures,  Superintendent  of 3 

STATIONERY, 

Advertisement  for  bids,  form  for 3 

Contracts  for  3 

How  furnished  to  officers,  etc 3 

Names  of  officers  not  to  appear  thereon 3 

Paper,  weight,  quality,  etc 3 

Requisitions  for  3 

Superintendent  of  schools  purchasing  5 

STATISTICS,  vital 4 

STATUES,  approval  by  Park  Commission 10 

STEAM  HEAT. 

Mains,  regulating  laying  1 

Rate  fixing  by  Supervisors 14 

Supervisors  power  to  regulate 13 

STEAM  RAILROADS  (See  Railroads) 

STEINHART.  IGNATZ,  bequest,  Aquarium 43a 

STENOGRAPHERS  (See  Superior  and  Police  Courts. 
City  Attorney,  Coroner,  District  Attorney, 
Mayor) 

STOKERS,  Fire  Department  1 


Page 

8 

181 

11 

186 


138 

46 

137- 

116 
76 
77 
91 

131 
97 
12 

166 

70 

97 

10 

9 

205 
70 

205 
20 

207 

207 

215 
23 

215 
62 
33 
57 


26 

27 

26 

26 

27 

130 

161 

207 

70 
10 
10 

15 


153 


344 


Index 


Section  or 

Subdivision  Paee 

STOLBN  PROPERTY,  search  bv  police  officers 7  140 

STONE  COBBLES  AND  BLOCKS 32  98 

STORAGE,  Fire   Marshal,  enforcement  of  laws 4  154 

STOREKEEPER,  appointment  and  duties 32  98 

STORES,  CORPORATION  YARD, 

Board  of  Public  Works 32  98 

Fire  Department  9  150 

STRAIGHTENING  STREETS,  proceedings 1-19      100-1^9 

STREET  RAILWAYS, 

Acquisition    by    City 1  186 

Assessment,   street   work 7a  82-83 

Board  of  Public  Works,  superintending  construc- 
tion      1  70 

Bonds,  purchase  by  City 7a  38 

Boulevards    6  17 

Common  use  of  tracks 27  12 

Construction,  commencement  6  19 

Eight-hour  day  7b  39 

Election,  purchase  7a  38 

Expenditure  on  construction,  monthly 6  19 

Fares,  regulation  by  Supervisors 6  19 

Finance  Committee,  experting  books 6  19 

Franchise, 

Additional    conditions    in 7a  37 

Failure  to  comply    with  condition,  penalty...  7c  39 

Forfeiture     of 6  19 

Wages  of  employees,  provision  for 7b  38 

Joint  use  of  tracks  and  streets 27  12 

Joint  use  of  tracks,  five  blocks  each  end  of  tun- 
nel, etc 5  123 

Labor,  wage  and  hours  7b  39 

Lease,   property  reverting  to  City 7  20 

Lien   for   street   work    7  83 

Majority  vote  of  Supervisors,  purchase 7a  38 

Minimum    wage    7b  39 

Municipal  ownership  7a  37-38 

Offers  for  sale  to  City  2  186 

Operation,    continuous 6  19 

Overtime    employment    ..: 7b  39 

Paving    24  94 

Percentage   of   receipts 6  18 

Power  to   regulate   _ 27  12 

Purchase  by  the  City 7a  37-38 

Rates  of  fare,  regulation 27  12 

Recovery  street  work  done  by  contractor 24  95 

Roadbed  and  tracks  reverting  to  City 6-7  19-20 

Speed,    regulating    27  12 

Street  improvements,  to  pay  for 7-8  82-83 

Streets,  paving  and  repairing 28  12 

Sweepings,   streets,   conveyance  to   parks 4  9 

Ten-block    provision,    joint    use 27  12 

T;mnel,  subway  or  viaduct 5  123 

STREETS, 

Abandonment  of  27  96 

Acceptance  of. 

City  maintaining  after 23  94 

Conditions  precedent  to 23  94 

Owners  must  do  repairs  prior  to 16  91-92 

Resolution  and  certificate  by  Board  of  Pub- 

.     lie  Works 22  77 


Index 


345 


STREETS    (Continued)  Subdivision      Paee 

Acquisition  of  lands  for  opening,  etc 1  100 

Advertisement    for    proposals 15  73 

Advertisement  waived  if  under  five  hundred  dol- 
lars    14  73 

Affidavit  by  contractor 6  82 

Affidavit  of  publisher  of  official  newspaper 26  96 

•  Appeal,   assessment   4  81 

Appeal  from  assessment  for  improvements 14  89 

Applications  for  improvements,  action  upon 2  77 

Assessments, 

(Note — Street  improvements  assessable  upon 
private  property  are  provided  for  in  Ordi- 
nance No.  4720  (New  Series),  approved 
November  26,  1918,  in  pursuance  of  pro- 
visions of  Section  33  of  Chapter  II  of  Ar- 
ticle VI  of  the  Charter  (pages  98-99).) 

Amending  14  90 

Appeal  to   Supervisors   14  89 

Appeal  to  Supreme  Court  12  88 

Closing  of  streets  1  100 

Collection  of  14  105 

Completing  unimproved  portion  of  street 18  85 

Completion  of  contract  7  82 

Contractor  suing  for  recovery 15  90 

Defect  in 12  88 

Deficiency  in  fund 16  109 

Delinquent    13-14  105 

Districts  (See  Assessment  Districts) 

Error  not  affecting  validity 9  103 

Exception  from  work,  done 9-10  86 

Fifty  per  cent  of  value  33  99 

Foreclosure  of  lien 12  88 

Fund,  special  8  107 

Grade  change  5  114 

Grading  credits  9  85-86 

Hearing  objections  4  80 

How  levied  - 9  83-84 

Installment  payments 33  99 

Lien  on  property  12  88 

Lien  on  railroad  7  83 

Limit  of  8  83 

Map,  Board  of  Public  Works  to  Supervisors  2  78 

New  assessments  by  Board  of  Public  Works..  12  88 
Notices  (See  Notices) 

Opening,  closing,  extending,  widening,  etc 6-14      102-106 

Ordinance    authorizing    1  100 

Ordinance  authorizing  17  120 

Owners  protesting  , 4  79 

Payment  of  13  88-89 

Railroads  to  pay  proportion  7-8  82-83 

Refusal  to  pay 15  90 

Resolution  of  intention 10  86 

Revolving  fund  29^  221 

Roll,    assessment    12  104 

Sale  on  execution  15  91 

Supplementary  assessment  18  109 

Surplus  in  fund  18  109 

Ten-year  installment  payments 1      100-101 

Uniform  rate  per  front  foot  3  84 

Warrants  for 12  87 


346  Index 

STREETS  (Continued)  Subd!?rsrJn     P.^e 

Awarding  of  contracts  17  74 

Benefits,  estimate  11  87 

Bids  for  street  work 16-17  73-75 

Block,  defined 26  95 

Board  of  Public  Works, 

Authentication    by    11  87 

Decision  final  and  conclusive 4  80 

Establishing  method  of  assessment 10  87 

Opening,  closing,  widening,  etc 6  102 

Powers   4  80 

Release  from  assessment  _ 13  89 

Superintendence  of 1  70 

Work  under  direction  and  to  satisfaction  of..  22  77 

Bonds  for  improvements 29%  220-221 

Bonds  of  contractors 21  76 

Boulevards,    designation 25  12 

Bridge   construction   1-6      121-123 

Building  material,  use  of  1  70 

Cellars  under,  permits  1  70 

Certificate  of  acceptance 22  77 

Changes  of  grades   (See  Grades) 1-17      112-121 

Charter  provisions  not  exclusive 33  98 

City  Attorney  to  draw  contracts 21  76 

City,  improvements"  to  be  paid  for  by 2  78 

City  property,  work  in  front  of 8  83 

City's  revenue  to  meet  expenses,  whole  or  part....  2  101 
Cleaning, 

Board  of  Public  Works,  charge  of 3  70 

Contracts  29  97 

Regulation  13  10 

Closing  of. 

Action   necessary    27  96 

Assessment  2  101 

Condemnation  of  lands  16  108 

Less  than  forty  feet  in  width  27  96 

Panama-Pacific  Exposition  20  110 

Petition  by  owners 27  96 

Proceedings  for  1-19      100-109 

Procedure    27  96 

Supervisors   acquiring  jurisdiction 5  102 

Cobble  Stones  32  98 

Completion  of  work  6-7  82 

Condemnation,  lands  for  opening,  etc 16  108 

Conditional  acceptance  of 23  94 

Conflicting  titles 9  103 

Continuing   proceedings   4  80 

Contractor, 

Affidavit  6  82 

Bond : 21  76 

Failure  of  20-21  75-76 

Contracts, 

All   work   by 14  73 

Awarding  of  17  74 

City  Attorney  to  draw  21  76 

Private    19  75 

Reletting    20  75 

Waived  if  under  five  hundred  dollars 14  73 

Written  except  in  case  of  urgent  necessity....  14  73 

Control  of  Board  of  Public  Works 1  70 

Corporation  store  yard  32  98 


Index  347 

STREETS  (Continued)  s^fbdiv"8ron     Page 

Cost, 

Ordinance 33  98 

Payable  in  ten  annual  installments 33  98 

Whole  or  part,  out  of  City's  revenues 2  101 

Credits  to  owners  for  work  done 9  85-86 

Crossings, 

Grades    26  95 

Hearing  objections 4  80 

Work,  how  assessed  2  78 

Culverts    : 26  95 

Day  labor,  excavations  9  72 

Dedication  of  26-28  95-97 

Deed  for  property  delinquent  on  assessment 6  107 

Defective,  liability,  damages 5  2 

Defective   titles   19  109 

Definitions    26  95-96 

Delinquent, 

Assessments,  change  of  grade  12  117 

Property  on  assessment  14  105 

Department  of  Electricity,  supervision 6  159 

Districts  (See  Assessment  Districts) 

Dividend,  surplus  assessment 18  109 

Division  of  expense 8  83 

Electrical  wires  and  appliances  6  159 

Encroachment  on,  prohibited  1  70 

Estimate,  Board  of  Public  Works 2  78 

Excavation  of,  permits  for  9  71 

Exclusive,  charter  provisions  not  33  98 

Expense, 

Defined 26  96 

Ordinance   ordering   33  98 

Whole  or  part,  out  of  City's  revenues 2  101 

Extending  of  1-19  100-109 

Failure  of  contractor  or  owner.. 20-21  75-76 

Flushers,  sprinkling  of  29  97 

Foreclosure   of   lien   12  88 

Franchises,  street  railways  6  17 

Frontage,  owners  of  major  part  of,  improving 19  75 

Funds    12  118 

Gas  pipes  to  be  laid  before  acceptance 23  94 

Grades,  changes  of  (See  Grades) 1-17  112-121 

Hearing, 

Objections,  improvements   4  80 

Objections,  opening,  etc.,  of  streets  4-5  102 

Improvement  of, 

Advertising  for  proposals  15  73 

Assessments  to  pay  for  (See  Assessments  un- 
der Streets) 

Contract  for  14  73 

Definition  of  26  95 

Ordinance  ordering  33  98-99 

Ordering,  majority  vote  of  Supervisors 2  78 

Procedure    1-33  77-99 

Incidental  expenses  (See  Incidental  Expenses) 

Installment   payments,   ten   years 1  100-101 

Installments,  payment  of  improvements  by 33  99 

Joint  use  of  tracks  and  streets  by  street  railways..  27  12 

Judgment,    lien    12  88 

Jurisdiction,  Supervisors  acquiring 5  102 

Lands  for  opening  of  6  102 


348 


Index 


STREETS  (Continued)  SuWi^^shTn     Pace 

Lessee,  lien 20  93 

Lessee  may  deduct  payment  from  rent 20  93 

Lien,  foreclosure  of  12  88 

Lien  on  railroad  7  83 

Lighting  contracts   6  27 

Limitations,  special  provision 33  99-100 

Macadamizing    26  95 

Main  street,  defined  26  95 

Major  part  of  frontage, 

Objections,  petition,   owners 4  79 

Owners  of,  improving  19  75 

Manholes    26  95 

Materials  for,  corporation  store  yard 32  98 

Modification   of  grades   1-17      112-121 

New  assessment  by  Board  of  Public  Works 12  88 

New  streets  and  subdivisions 28  96 

Not  exclusive,  charter  provisions 33  98 

Notices   (See  Notices) 
Objections,  property  owners. 

Improvements  4  78-79 

Opening,  closing,  widening,  etc 4  102 

Obligation  on  owner  to  repair,  etc.,  until  accept- 
ance      16  92 

Opening  of 2  101 

Assessment  •. 6-14      102-106 

Duties  of  Board  of  Public  Works 6  102 

In  new  subdivisions 28  96 

Lands  for  6  102 

Objections  and  hearing  4  102 

Payment  for  damages  15  108 

Power  of  Supervisors  1  100 

Proceedings  1-19      100-109 

Resolution  of  intention  2-3  101 

Open  Public, 

Approval  and  recording  of  map  28  96-97 

Closing  of  street,  ceasing  status  as 27  96 

Defined   1  77 

Width  and  distance  from  parallel  street 28  97 

Ordering,  majority  vote  of  Supervisors 33  98 

Ordinances, 

Change  of  grade  17  120 

Opening,  widening,  etc 1  100 

Ordering  work  or  improvement 33  98-99 

When  repealed  27  220 

Owners, 

Defined   19  93 

Grading  in  front  of  their  lots 9  85 

Majority  frontage,  one-half,  two-thirds 4  79 

May  improve  streets,  when 19  75 

Protesting    4  79 

Ownership,  ignorance  of  9  103 

Panama-Pacific  Exposition 37  13 

Panama-Pacific  Exposition 20  110 

Parallel  street,  distance  from 28  97 

Partially  graded  or  improved,  proceedings 4  80 

Patented  pavements,  not  to  be  used,  when 26  95 

Payment, 

Assessment  by  installments 33  99 

For  work  8  83 

For  work  33  98 

Progressive  21  77 


Index 


349 


STREETS  (Continued)  s^rbdwrsrjn 

Permits,  use,  opening,  etc.,  granting,  regulating....  1 

Piling    26 

Pipes,  laying  of 1 

Pipes  to  be  laid  before  acceptance 23 

Planking  26 

Poles,  erection  of  1 

Posting  of  notices 3 

Posting  of   notices 3 

Power   wires,   laying   1 

Powers,  Board  of  Public  Works 4 

Powers,  Supervisors  33 

Private  contracts. 

City  not  liable  for  expense 22 

Improvements 19 

Proceedings, 

Board  of  Public  Works  Instituting 4 

Excavation  of  streets *9 

Improvement  of  streets  3-4 

Limitation   33 

Opening,  widening,  etc 1 

Sale  of  delinquent  property  on  assessment..  14 
Stayed    by    objections    of   owners,    but    con- 
tinued  on   petition   4 

Supervisors'  power  to  order  special 33 

Progressive  payments  21 

Property  owners  (See  Owners  under  Streats) 

Proposals     , l 15 

Prosecution  in  name  of  people 18 

Provisions    in    Charter    on    improvements    not 

exclusive    33 

Publication,  notices  and  resolutions 26 

Quarter   block    26 

Railroads, 

Paving   and   repairing 28 

Paving   and   repairing 24 

To   pay   proportion 7-8 

Rebate,  affidavit  by  contractor 6 

Recommendation,   Board  of  Public  Works 2 

Redemption   of    delinquent    property    on    assess- 
ment      1 

Refuse,  disposal  of  7 

Reletting  unfinished  portion  of  contract 20 

Repairs, 

Advertising    waived    if    under    five    hundred 

dollars  14 

Board  of  Public  Works  entering  into  contract  16 

Collection  of  expense  9 

Prior  to  acceptance 16-17 

Urgent    30 

Resolutions, 

Of  intention  2 

Of  intention  3 

Publication    26 

Revenues   of   City   to   meet   expenses,   whole   or 

part    - 2 

Roll,    assessment    12 

Sale  of  delinquent  property, 

Certificate   of  1 

Money   paid   to   Treasurer 8 


Page 
70 
95 
70 
94 
95 
70 
79 
101 
70 
80 
98 

77 
75 

8T 

71 

78-80 

99-100 

100 

105 

79 
98-99 

77 


73 
93 

98 
96 
95 


12 
94 
82-83 
82 
78 

105 
71 
75 


73 
91 
72 
91-93 
97 

101 
79 
96 

101 
104 

105 
107 


350 


Index 


STREETS  (Continued)  S^uMwfs 

Service  of  notices   26 

Sewer  to  be  laid  before  acceptance 23 

Sprinkling  of,  charge  of 3 

Spur  and  side  track  permits 3 

Stone    blocks,    cobbles    32 

Straightening,  proceedings  1-9 

Street  railways,  joint  use 27 

Structure  encroaching  on,  prohibited 1 

Subdivision  maps  28 

Subway  construction  1-6 

Superintendence  of  Board  of  Public  Works 1 

Supervisors   (See  Supervisors) 

Supplementary  assessment  15 

Sweeping   29 

Tax  limit  suspension  for  repairs,  etc 13 

Ten-block  provision,  joint  use,  by  street  railways  27 

Ten  year  installment  payments 33 

Ten  year  installment   payments 1 

Terms,  definition  of  26 

Titles,   conflicting  9 

Travel,  restoration  of  2 

Tunnel  construction  1-6 

Unfinished  portion,  private  contract,   reletting....  20 

Ungraded  or  unimproved  portion  of,  proceedings  4 

United  States,  work  done  in  front  of  property  of  8 
Urgent  necessity. 

Advertising  and  contract  waived 14 

Payment     8 

Urgent  repairs  30 

Use  of, 

Building  material  1 

Joint,  by  street  railways 27 

Supervisors   regulating  2 

Validity  of  records  21 

Vaults   under,   permits   1 

Viaduct  construction  1-6 

Warrants   for  arrests   12 

Water  pipes  to  be  laid  before  acceptance 23 

Widening  of  1-19 

Width  of, 

At  least  forty  feet  28 

Improving  full  width  of 25 

Supervisors    fixing   1 

Work  in  front  of  city  property 8 

Works   of  art 10 

STRUCTURES  (See  Buildings) 
STUBS, 

Entries  on.....' 4-7 

Treasurer's   receipts    4 

STUDENTS,  San  Francisco  hospital,  privileges 7 

STUDIES,   courses   of 5 

SUBCONTRACTORS,  failure  to  pay  bills 7 

SUBDIVISIONS,  approval  and  recording  of  maps 28 

SUBJECT,  Ordinance,  expressed  in  title 11 

SUBMISSION  TO  THE  PEOPLE, 

Acquisition  of  public  utilities 2 

Initiative    1 

Recall     1 

Referendum 1 


or 

ion   Paffp 

96 
94 
70 
9 
98 

100-109 
12 
70 
96 

121-123 
70 

119 

97 

33 

12 

99 

100-101 

95-96 

103 

122 

121-123 

75 

80 

83 

73 
83 
97 

70 

12 

9 

93 

70 

121-123 

87 

94 

100-109 

97 
95 

77 

83 

207 


40 

52 

161 

129 

28 

96-97 

5 


186 

174 
182 
181 


Index 


351 


Section  or 
Subdivision 

SUBORDINATES  (See  Employees) 

Limited  to  Charter  provisions 5 

Officers,   Police   Department 1 

SUBPOENAS, 

Police  Commission  8 

Policemen  to  be  detailed  to  serve 24 

Power  to  issue  by  every  officer 24 

SUBSISTENCE,    supplies 1 

SUBWAYS, 

Approaches,  approving  designs  10 

Assessment  to  meet  cost 1-4 

Damages,  costs  and  expenses 2-4 

Exclusive  right  to  operate,  except  by  City,  for- 
bidden       5 

Five  blocks  approaching  each  end,  joint  use  of 

tracks    5 

Installment  payments  2 

Levying  assessment  ^ 2 

Ordinance    authorizing    1 

Payment  of  costs  and  expenses  out  of  treasury..  4 

Purchase  or  condemn  lands 2 

Street  railway  through,  operation,  municipal  or 

private,  singly  or  jointly  5 

Supervisors   ordering   construction 1 

Two  or  more  lines  of  street  railway  using 5 

SUITS  (See  Actions) 

SUNSET  DISTRICT,  school  lots,  sale  of 11 

SUPERINTENDENT,    of    Weights    and    Measures, 

State   3 

SUPERINTENDENT  OF  SCHOOLS, 

Census  marshals  7 

Charges    against   teachers     2 

City    Board    of   Examination,    self   and   deputies 

constituting     6 

City    certificates    4 

Deputies,   appointment,   qualifications,   term 3-4 

Election  of,  at  what  time 1 

Election  of,  at  what  time 1 

Election,  when 1 

General  duties  1-6 

Member  of  Board  of  Education  1 

Official  bond  2 

Purchase  of  apparatus,  etc 5 

Recommend  studies  and  text  books 5 

Recommendation  of  measures  3 

Religious  or   sectarian   books   or  teachings,   for- 
bidding       1 

Report  annually  to  Board  of  Education 2 

Report  standing  of  schools  6 

Revocation   of  certificates 3 

Rules  and  regulations  of  Department,  observing 

and  enforcing 1 

Salary   1 

Teachers'   certificates,   examination    for 1-4 

Visit  and  examine  schools  twice  yearly 4 

SUPERIOR  COURTS, 

Appeals,  Police  Court  9 

Attachment,  person  in  contempt  of  Police  Couit  8 

Bailiffs,    appointment    2 


Page 

216 
140 

137 

219 

219 

24 

208 

121-123 

122 

123 

123 
122 
122 
121 
122 
121 

123 
121 
123 

23 

57 

126 
125 

130 
130 
129 
128 
164 
128 
129-130 
128 
213 
130 
129 
129 

129 
129 
130 
130 

129 
128 
130 
129 

66 

138 

62 


352 


Index 


Section  or 

SUPERIOR  COURTS  (Continued)                                    Subdivision  Page 

Clerks,  appointed  by  County  Clerk  2  61 

District  Attorney's  assistants  prosecutors  in 3  60 

Interpreters,   compensation   20  11 

Interpreters    for    -.  1  58 

Reporters,  compensation  2  58 

Street   assessment   action   12  88 

SUPERVISORS, 

Abatement  of  nuisances 4  161 

Absence  from  meetings 3  4 

Absence  from  State  of  officer 3  215 

Acceptance  of  streets  23  94 

Accounting  system,  uniform 40  14 

Acquisition, 

Excess  land  over  actual  requirements 10  22 

Land  for  Civic   Center 10  22 

Lands  for  opening,  etc.,  of  streets 1  100 

Lands  for  water  purposes  15  193 

Public    utilities 1  186 

Acts  of,  initiative  of  the  people 1  174 

Additional  deputies,  etc.,  when  authorized 35  223 

Advertising,    official - 2  25 

Advertising,    stationery    supplies 3  26 

Alleys,   use  of,  control  2  9 

Almshouse,   maintenance    11  10 

Animals,   cruelty   19  11 

Animals  running  at  large  8  10 

Appeal,  street  assessment 14  89 

Appointment,  clerks,  etc 1  4 

Apportionment  of  revenue   to  funds 11-12  33 

Appropriations,  public  utilities  1  194 

Approval   of   demands 19  7 

Assessment, 

Appeal  14  89 

District     5  82 

District,  opening,  etc.,  of  streets  7  103 

Roll 12  104 

Attendance  at  meetings,  compelling 3  4 

Auditor's   extra   clerks,   designation  of 2  47 

Awarding  of  contracts  for  supplies 1  24 

Ayes  and  noes   (See  Votes) 3  4 

Baggage  rates,  fixing  7  9 

Ballot,  arrangement  of  offices  on 10b  168 

Bids  for  supplies  1  24 

Bids    rejected,    when 5  27 

Bills,    passage    9  5 

Board   of   Education,    report 3  128 

Board  of  Health  to  submit  draft  of  ordinances....  4  161 
Board  members   (Supervisors), 

>  Absence  from  meeting  3  4 

Consists  of  eighteen  members 2  4 

Elected  at  large  from  City  and  County 2  4 

Election  of,  at  what  time 1  164 

Four  year  term  38a  225 

Interest  in   contracts,   penalty 6  216 

Mayor,   one  acting  as 6  46 

Meetings,   time   and   place 6  5 

Members  of  Board  of  Equalization 2  16 

Official  bond  2  213 

Power  over  members  4  4 


Index  :ir)3 

SUPERVISOKS  (Continued)  i^^^Zf:.     Pa.. 

Ouplifications    2  4 

Removal  for  neglect  to  enforce  provisions i:^  193 

Salary   of   2  4 

Term  of  o<Tice  '  2  4 

Term  of  office  : 38a  225 

Voting    See  Votes) 
Bonds, 

Interest    12  193 

Issue  of,  proceedings   govern-'ng 5-15     188-193 

Municipal    buildings    or   improvements 29-  220 

Official,  each  Supervisor 2  213 

Of  officers,  when  may  require  additional 5  214 

Public  utilities 10  190 

Boulevards,   designation   25  12 

Bridge  construction,  ordering  1  121 

Budget,  annual I.3  30 

Bureau    of   supplies   '. 38  14 

Changes  in  street  grades  1-17     112-121 

City  Attorney,  actions  at  law 2  58 

City  Planning  Commission 42  14 

Civic  Center,  land  for 10  22 

Civil    Service, 

Appropriation   1  195 

Employees  under  11  199 

Expenses   etc. 17  202 

Fixing  salaries „ 17  202 

Report  of  commission  15  201 

Claims   for   damages    8  20 

Claims  may  be  revived,  when  1  43 

Cleaning  and   sprinkling  streets 13  10 

Clerk  of  Board, 

Advertising,   stationery   supplies „ 3  26 

Anpointment     1  4 

Changes  of  grade  7-8  115 

Check    accompanying   bid    ...„.„  1  24 

Clerk,  Board  of  Equalization 2  16 

Contract,  copy  of  each,  filed  with 21  76 

Contracts,  countersigning  and  registering 5  27 

Custodian,  seal  of  City  7  5 

Custody  and  recording  of  ordinances 17  7 

Custody  of  City  stationery  3  23 

Duties   and    powers    7  5 

Exempt  from  civil  service 11  199 

Official    bond    .".....  2  213 

Opening,  etc.,  of  streets   3  101 

Petition,  acquisition  of  public  utilities 3  187 

Signature,  leases,  etc 7  5 

Streets,   opening,    etc 10-11  104 

Closing  of  streets,  procedure 27  96 

Closing  streets,  power  in  relation  to 1-19      100-109 

Common   school  fund,  transfer  of  money  to 3  131 

Condemnation,  opening,  etc.,  of  streets 16  108 

Condemnation,   property  for  public  use 12  10 

Conditional  acceptance  of  streets   23  94 

Contracts,  extensions  of  time  on 21  76 

Contracts  for  supplies,  etc.,  to  be  let  by 1  24 

Conveyance  of  lands  29  12 

Convicts,  apprehension  21  11 

County  jails,  power  to  maintain 11  10 

Cruelty  to  animals,  fines  19  11 


354 


Index 


SUPERVISORS    (Continued)  Subdivision      Pace 

Damage  cla.ms,  when  to  be  presented 8  20 

Decision  final  and  conclusive  5  102 

Defalcations  by  officers 4  17 

Deficiency  in  fund  16  109 

Delinquency    of    taxes 17  35 

Demands,  approval  of  19  7 

Demands,  approval  of  13  42 

Demands,  form  of  39  14 

Department  of  Electricity,  salaries 3  159 

Deposits  of  public  funds 2  50 

Designs,  approving  10  208 

Detention,    houses    of,   maintenance 11  10 

Disbursement   of  public   moneys 15  34 

District,    assessment    5  82 

Dockage  tolls  2  .112 

Drainage,  general  system,  tax  levy 22  11 

Drainage  system  1  HO 

Eight-hour  day  24  11 

Elected  at  large  from  City  and  Countj^ 2  4 

Elected  officer,  removal  18-20  218 

Election  of,  at  what  time 1  164 

Elections,  special  fund 14  180 

Electric   power, 

Franchise,   granting  7  19 

Rates,   power  to  fix 14  10 

Regulation 13  10 

Equalization,  Board  of,  members 2  16 

Estimates,  budget 1  30 

Excess  land  over  actual  requirements,  acquiring  10  22 

Fxemiit  firemen,   relief 36  13 

Ex-Mayors  entitled  to  seat  with 2  4 

Expenditures,   monthly   limit   on 9  31 

Expenditures  under  two  hundred  dollars 13  6 

Experts,  may  provide  for  employment  of 2  215 

Exposition  bonds  29a  222 

Extending  streets,  power,  in  relation  to 1-19  100-109 

Extensions   of  time,   contracts 21  76 

Extra   sessions,  calling  5  46 

Fees,     official     services 17  11 

Felons,    auprehension 21  11 

Files,  methods  of,  prescribing 41  14 

Finance  1-17  30-35 

Finance  Committee    (See  Finance  Committee)....  3-4  16-17 

Fire  alarm  station  in  Jefferson  Square 6a  206 

Fire   limits,    fixing    5  9 

Forfeiture  of  fianchise, 

No  power  to  relieve  from 7c  39 

Street   railway   6  19 

Form   of    demands    39  14 

Fourth   of  July,   appropriation 18  11 

Four-year  term  for  38a  225 

Franchises, 

Granting     12  6 

Purchase   by   City ^a  37 

Street    railway —  6  17 

Funded  debt,  liquidation  of  3  36 

Funds    1-17  30-35 

Gas  service,  power  to  regulate 13  10 

Grade  changes  1-17  112-121 

Grade  of  street,  fixing 1  77 

Hackney    carriage    7  9 


^   Index  355 

SUPERVISORS  (Continued)  slfbdlv^sJon     Page 

Harbor,  control  over  1-2  112 

Health  ordinances,  how  enforced  4  161 

Hearing  of  objections,  opening,  etc.,  of  streets....  4-5  102 

Heating  regulation  and  rates  13-14  10 

Hospitals,    maintenance    11  10 

Hours  of  labor  for  public  service 24  11 

Initiative,  action  by  people  '...  1-16      174-180 

Insane,  detention  10  10 

Interest  in  contracts,  penalty  for  6  216 

Interest  on  bonds,  payment  12  193 

Interpreters     20  11 

Jails,    maintenance    11  10 

Jefferson  square,  fire  alarm  station 6a  206 

Journal  of  proceedings  3  4 

Jurisdiction,  acquiring  5  102 

Laborers,  hours  and  wages  24  11 

Lands,  conveyance  of  29  12 

Law  Library,  provision  for 1  67 

Laws,  enactment  1  8 

Laying  of  pipes,  etc 5  17 

Lease  of  public  lands  32  13 

Legislative   power  vested   in   1  4 

Levy  and  apportion  taxes  11-13  33 

Levy,    tax    5  31 

Library-,  annual  tax  levy,  limit  2      132-133 

Library  bonds,  authorized  to  sell  below  par 10a  192 

Library   purposes,  authorizing   use   of   City  real 

estate  for  7  134 

Licenses,   taxes   15  10 

Lighting, 

Franchises,   granting   7  19 

Rates,  power  to  fix  14  10 

Regulation  13  10 

Streets  and  buildings   6  27 

Litigation,   dismissal   by   City  Attorney 2  58 

Local  laws,   power  to   enact 1  8 

Lots,  vacant,  transfer  to  other  departments 31  13 

Majoritv  vote  (See  Majority  Vote) 

Map.    street   assessment 2  78 

Materials,  street  work,  contracts 31  98 

Mayor's  contingent  fund   35  13 

Mayor,  former,  right  to  sit  on  Board 2  4 

Mayor,  member  to  act  as,  when  6  46 

Meetings,  time  and  place 6  5 

Members   of   Board   of   Supervisors    (See   Board 
Members  under  Supervisors) 

Memorial  day,   appropriation   18  11 

Minimum    wages,    laborers    24  11 

Moneys,    public,   disbursement 15  34 

'^'^or^'ue,  maintenance  9  10 

Motion  to  reconsider 12  6 

Municipal   buildings,   provision  for  construction..  29  220 

Negotiations,  acquisition  of  public  utilties 4  188 

New   assessment,   ordering   .: .* 11  104 

Nuisances,    abatement    6  9 

Nuisances,    ordinances 4  161 

Offal,  conveyance  to  parks  4  9 

Offers  for  sale  of  public  utilities  to  City 2  186 

Official   advertising,    contracts 2  25 

Official  bond,  each  Supervisor 2  213 


35G  Index 

SUPERVISORS   (Continued)  Su^bdiv^sWrn     Pace 

Opening  streets,  power  in  relation  to 1-19      100-109 

Ordinances  (See  Ordinances), 

Initiative  of  the   people 1  174 

Passage    9  5 

Power  to  enact  and   enforce   1  8 

Submitted  to  referendum  by 2  181 

Violation   of,   penalties 16  11 

Outside  lands,  school  lots,  sale  of 11  23 

Panama-Pacific    Exposition    37  13 

Panama-Pacific    Exposition    bonds 29a  222 

Parks,   provision  for  support  11  208 

Passage,  bills  and  resolutions 9  5 

Passage  of  ordinances,  general  provision 1  8 

Passenger  vehicles  7  9 

Playgrounds,    appropriation    for 10  212 

Playgrounds,  lands  may  be  set  aside  Jor 8  211 

Poles,    erection   of,   franchise 7  19 

Police, 

Contingent   fund 6  140 

Laws,  power  to  enact  1  8 

Pension   fund   11  147 

Relief  and   pension   fund   report 13  148 

Pound,   rules   governing  8  10 

Power,  franchises,  granting  7  19 

Power  rates,  and  regulation 13-14  10 

Powers   of  1  8 

Powers  of 4  4 

President    of    Board    5  46 

President  pro  tern,  of  Board 6  46 

Presiding  officer 5  5 

Printing    contracts 3  26 

Prisons,  maintenance   of  11  10 

Proceedings     3  4 

Proceedings,  street  work,  power  to  order  special  33  99 

Property  for  public  use,  acquisition 12  10 

Property,   purchase   under   execution 34  13 

Public  improvements  or  utilities,  data  on 10  72 

Public  places,  use  of,  control 2  9 

Public   use,  property  for  12  10 

Public  utilities. 

Acquisition      1-13      186-193 

Power   to   fix   rates   14  10 

Public  work,  ordinances  relating  to •9  70 

Purchase  of  property  levied  upon 34  13 

Qualifications,     board     members 2  4 

Quorum,    majority    to    constitute    3  4 

Railroads, 

Entering    City    28  12 

Franchises     28  12 

Paving  streets  i 27  12 

Tracks,  paving  24  94 

Rate   fixing   power   14  10 

Reconsider,   motion   to 12  6 

Records,   keeping   of   41  14 

Referendum,  ordinance  2  181 

Relief  Home  tract,  sale  and  purchase  of  lands..  10  23 

Removal  for  neglect  to  enforce  provisions 13  193 

Removal    of    officers 18-20  218 

Resolutions,   passage   9  5 

Revenues,  fixing  and  collecting  14  34 


-^Jndex 


357 


SUPERVISORS  (Continued)  SubdiJfsfJ'n     Page 

Revival   of   claims    1  44 

Revolving  fund,  provide  for  creation  of 29%  221 

Rules  for  proceedings  2  4 

Salary,  members  of  Board  2  4 

Sale  of  City  personal  property  33  13 

Sale  of  lands  owned  by  City 9  20 

Sanitary  laws,  power  to  enact 1  8 

Sanitation    ordinances,    enforcing 4  161 

Schools, 

Annual  tax  levy,  provision  for 2  131 

Department  report  3  128 

Lease  of   property   11  127 

Sealer,  Weights  and  Measures 1-2  57 

Seals,  City  23  11 

Sergeant-at-arms,  appointment 1  4 

Session,    Mayor    calling 19  218 

Sessions,  extra,  to  be  called  by  Mayor. 5  46 

Sewers, 

Cost,  majority  vote  „ 2  78 

Flushing  13  10 

Lands   for   9  111 

Tax   levy   22  11 

Side  tracks,   permits  , 3  9 

Sidewalks,  use  of,  control 2  9 

Special  sessions,  called  by  Mayor 5  46 

Spur  tracks,  permits 3  9 

Stationery,   contracts   for 3  26 

Steam   heat   rates,   power  to  fix 14  10 

Steam  railroads,  grants  to,,  street  work 28  12 

Steinhart  Aquarium 43a  16 

Street  railways. 

Fares,  charges,  rates  of  speed 27  12 

Franchises  6  17 

Franchises,  penalties 7c  39 

Franchises,  purchase 7a  37 

Streets, 

Acquiring   jurisdiction 5  102 

Assessment,    appeal 14  89 

Assessment,   payment  in  ten   yearly  install- 
ments      33  99 

Cleaning  and  sprinkling 13  10 

Cleaning  and  sprinkling 29  97 

Grades,  change  of 1-17      112-121 

Improvement    applications 2  77 

Improvement   bonds 29^4         221 

Improvements,    ordering 33  98 

Majority   vote ,. 33  98 

Opening,  straightening,  extending,  widening, 

closing  - 1-19      100-109 

Paving  by  railroads 28  12    '^ 

Power  to  pass  ordinance  ordering 33  98 

Powers    ■ 14  90 

Use  and  control 2  9 

Width  and  grade  fixing 1  77 

Subsistence,  supplies 1  24 

Subways,  ordering  construction 1  121 

Supplementary    assessment 18  109 

Supplies,  contracts  for 1  24 

Surplus  fund 16  34 

Surplus  fund,  disposition  of 3  36 


358  Index 

Section  or 
SUPERVISORS    (Continued)  Subdivision      Page 

Suspension  of  officers 18-20  218 

Sweepings,   streets,   to   park 4  9 

Taxes, 

Apportionment  to  funds 11-12  33 

Delinquency  of 17  35 

Levy,   making 5-11  31-32 

Limit,   suspension   of 13  33 

Rate,    increase 13  33 

Telegraphic   service,  regulation 13  10 

Telephone  rates,  power  to  fix 14  10 

Telephone  service,  regulation 13  10 

Ten-year  installments,  street  assessments 33  99 

Term  of  office,  board  member 2  4 

Term,  those  highest  number  of  votes 38a  225 

Tolls  for  wharfage 2  112 

Transportation  rates,  fixing 7  9 

Trusts,  execution  of 30  12 

Tunnels,    construction 26  12 

Tunnels,  may  order  construction  of 1-3      121-123 

Uniform  system  of  accounting 40  14 

Unnecessary  funds,  abolition  of 38  225 

Unsafe   structures 6  9 

Urgent  Necessities  fund 8  31 

Use  of  streets,  control 2  9 

Vacancy  in  office  of  Mayor,  how  filled 6  46 

Vacant  and  unused  lots,  transfer  to  other  depart- 
ments      31  13 

Vehicles,    passenger 7  9 

Veto,  separate  items,  by  Mayor,  reconsideration..  14  6 

Viaducts,  ordering  construction 1  121 

Violation  of  ordinances,  penalties 16  11 

Voting  (See  Voting,  Majority  Vote) 

Warrants,  forms  in  which  to  be  drawn 39  14 

Water  rates,  power  to  fix 14  10 

Water   service,   regulation 13  10 

Water  supply,  acquiring  lands  for,  power 15  193 

Water  works  and  sources,  estimates 1  186 

Weights  and  Measures  Department 1-2  57 

Wharves  of  City,  jurisdiction  over 1-2  112 

Widening  streets,  power  in  relation  to 1-19      100-109 

Width  of  street,  fixing 1  77 

Witnesses,    detention 10  10 

Wooden  buildings,  restriction,  certain  limits 5  '  9 

SUPPLEMENTAL, 

Assessment   18  109 

Initiative    petition 3  177 

SUPPLIES, 

Bids,    competitive 1  24 

Bond  of  contractor 7  28 

Bureau  of  Supplies 38  14 

Buying  by  departments,  etc.,  how  limited 5  216 

Contracts  for  each  department 1  24 

Contracts  for,  registering 9  31 

Corporation  store  yard 32  98 

Fire   Department   contracts 4  152 

F^re  Department,  corporation  yard 9  150 

Hospitals    1  24 

Inferior,  officer  accepting,  penalty 4  27 

Officials  not  to  be  interested  in 6  216 

Printing    3  26 


Index 


359 


SUPPLIES  (Continued)  i^i^^^JL 

Prison-made  goods  not  allowed 1 

Prisons   1 

Proposals  for,  and  schedule  of 1 

Schools   2 

Separate  bid  for  certain  articles 1 

Stationery    3 

Storekeeper  , 32 

Superintendent  of  schools  purchasing 5 

SUPPRESSION  OF  RIOTS, 

Chief  of  Police 2 

Mavor    2 

SURETIES, 

Bond,  contract.  Board  of  Public  Works 21 

Bondsmen,  Police  Court  actions 6 

Contractor's   bond 7 

On  official  bonds  of  officers 3-5 

Street  railway  franchise  bid 6 

SURETY  BONDS   (See  Bonds) 

SURGEONS. 

Police    Department 7 

San   Francisco   Hospital 7 

SURPLUS. 

Bequests,  investment 8 

Bond  issue 10 

Earnings,  municipality  owned  public  utilities 12 

Earnings,   public  utilities 12 

Street  excavation  deposits 9 

Supplementary    assessment 18 

SURPLUS  FUND, 

Balances  not  to  be  transferred  to 16 

Bequests,  parks,  investment 8 

Bond   issue   funds 29 

Consists  of  what 3 

Funded   debt,   liquidation   of 3 

How  created 16 

Judgments,  payment  of 3 

Police  Relief  and  Pension  Fund,  transfer 13 

Purposes  and  order  in  which  to  be  used 3 

Revenue  ensuing  fiscal  year 3 

SURRENDER,  books,  documents,  etc..  by  officials....  3 

SURVEYING,  included  under  incidental  expenses....  26 

SURVEYOR,    CITY   AND    COUNTY,    succeeded    by 

Citv    Engineer 11 

SURVEYS    ..'.. 11 

SUSPENSIONS, 

Appeal  to  Civil  Service  Commission 12 

Appointment  during  period  of 18 

By  appointing  officer  in  charge 12 

Charges  by  Mayor 19 

Chief  Engineer,  Fire  Department 2 

Chief   of   Police 1 

Civil  Service  Conimission,  notice  to 13 

Civil  Service  provision 12 

Defalcation  or  wilful  neglect 2 

Elected  officers,  when  and  how 18-19 

Failure  to   report  violations 3 

Fire   Commissioners 8 

Grounds  for 12 

Notice  by  Mayor  to  Supervisors 19 


Page 
24 
24 
24 

128 
24 
26 
98 

130 

139 
39 

76 
64 
28 
214 
18 


137 
161 

207 
191 

33 
193 

72 
109 

34 

207 

220 

36 

36 

34 

36 

148 

36 

36 

214 

96 

72 
72 

200 
218 
200 
218 
152 
139 
201 
200 

45 
218 

46 
150 
201 
218 


360 


Index 


SUSPENSIONS  (Continued)  S^ubdivfsi'on     Page 

Officers  by  Mayor 3  17 

Officers  for  misfeasance 4  27 

Police  Commission,  powers 1  136 

Salary   lost    during 12  201 

Tax   limit 13  33 

SWEEPING   OF  STREETS 29  97 

SWEEPINGS,  STREET,  to  parks 4  9 

T 

TALLYING  ELECTION  RETURNS 19      171-172 

TAX-COLLECTOR, 

Arrests,     making 4  55 

Ballot,  arrangement  of  office  on 10b  168 

Civil  Service  employees  under  and  those  exempt  11  199 

Collection  of  taxes,  licenses,  etc 2  54 

Collections  to  be  paid  into  treasury 2  54 

Delinquent    date,    notice 17  35 

Delinquent  taxes,    collection 2  55 

Deputies  and   assistants,   salaries 1  54 

Duties    of 2  54 

Election,  qualifications,  term,  salary 1  54 

Election  of,  at  what  time 1  164 

Expenditures,  one-twelfth  limit  on,  exempted 9  32 

Extra    clerks 1  54 

Four-year  term  for 38a  225 

Licenses,   examination,   revocation 4  55 

Office    hours 14  218 

Official  bond 2  213 

Police  powers,  himself  and  deputies 4  55 

Report  monthly  on  licenses,  receipts,  etc 5  55 

TAX  PAYERS,  budget  hearing 3  30 

TAXES, 

Apportioned  to  specific  funds 11  33 

Bills  and  receipts,  printing 3  26 

Bond  interest  and  sinking  fund  payments 12  193 

City  Attorney  to  collect  delinquent 3  55 

Collection  by  Tax   Collector 2  54 

Constitutional   enactments 13  33 

Delinquent, 

Collection  of 2-3  54-55 

Publication   of   list 2  26 

When  and   postponement 17  35 

Deposit  daily  in  treasury 17  218 

Dollar  limit 11  33 

Elections,  cost  of 13  33 

'     Emergency  or  necessity 13  33 

F'remen's  Relief  Fund,  levy  for 2  155 

First  installment  payment  postponed,  when 17  35 

Increase  in  certain  emergencies 13  33 

Installment    payments 17  34-35 

Interest  on  bonds 11-12  33 

Legislative   enactments 13  33 

Levy, 

Advertising   13  6 

Limit  for  City's  expenses  and  items  beyond..  11-13  33 

Sewers  and  drains 22  11 

To  include  interest  and  part  principal,  pub- 
lic  utility 12  193 


Index 


361 


TAXES   (Continued)  S^ubdiv?s?on      Paee 

To  meet  budget 5  31 

Veto  of  separate  items  by  Mayor 14  6 

When  made  by  Supervisors 11  32 

Licenses,  regulation  15  10 

,     Limit, 

Dollar    11  33 

Necessity  or  emergency,  suspension 13  33 

Sixty-five  cents  over  the  dollar 13  34 

Parks    11  33 

Parks,    levy   for 11  208 

Payment,    times    for 17  34 

People,  vote  of,  added  liabilities 13  33-34 

Police  Relief  and  Pension  Fund,  deficiency  and 

levy    11-13      147-148 

Public  library,  levy  for 2  133 

Public  utility, 

Bonds,   exempt 10  190 

Levy  to  acquire 14  193 

Municipal,    earnings    of 12  33 

Rate  of,  increase  by  Supervisors 13  33 

School  purposes,  levy  for 1-3      130-131 

Sinking     funds 11-12  33 

TEACHERS, 

Appointment,   promotion,   dismissal,   transfer 2  12r» 

Certificates,  grant,  renewal  or  revocation 3  125 

Charges     against 2  125 

Examining  1  130 

Salaries. 

Fixing   2  125 

Monthlv    payment 1  43 

Schedule 4  128 

Withholding  from , 2  125 

TEAMS, 

Claim,  unpaid  bill 7  28 

Cleaning  and  sprinkling  of  streets 29  97 

TEARING  UP  STREETS,  proceedings: 9  71 

TECHNICAL  TRAINING, 

Exempt  from  civil  service 11  199 

Exempt  from  residence  restrictions 2  215 

Municipally  owned  utilities 8  71 

TELEGRAPHS, 

Poles,  erection,  regulating 1  70 

Police  system 1  159 

Supervisors,  power  to  regulate 13  10 

TELEPHONES. 

Acquisition  of  plants  by  City 1  l^fi 

Offers  for  sale  to  City 2  186 

Poles,  erection,  regulating 1  70 

Police  system 1  159 

Rate  fixing  by  Supervisors 14  10 

Supervisors,  power  to  regulate 13  10 

TEMPORARY,  fences,  areas  on  sidewalks 1  70 

TEMPORARY  APPOINTMENTS, 

Civil  Service  Commission,  notice  to 13  20 

Limited  to  sixty  days 10      198-199 

TEN  BLOCK  PROVISION,  joint  use  by  street  rail- 
ways      27  12 

TEN  DAYS  PUBLICATION  (See  Advertising) 


362 


Index 


TEN   YEARS,  Subdivision      Paee 

S'treet  assessment  installments 33  99 

Street  assessment  installments 1      100-101 

Street  assessment  installments 29^/^  221 

Tunnel,  subway  and  viaduct  assessment 2  122 

TENTH  STREET,  sale  of  lands 9  20' 

TERM, 

Appointed  officers  terminate,  when 36      223-224 

Expiration  of,  officials   surrendering  property 3  214 

Four    years 38a  225 

Franchises,  street  railways 6  17 

Judges,   Police   Court 1  63 

Lease,   school  property 11  127 

Of  office  (See  under  respective  officers) 

School  directors , 1  124 

Street    railway   franchise 6  17 

Street   terms,    definition 26  95 

Supervisors  receiving  highest  number  of  votes....  38a  225 

Unexpired,  appointment  by  Mayor 4  46 

TESTIMONY, 

Police  Commission  hearings 8  137 

Police    Court 1  64 

TEXT  BOOKS,  school 5  129 

THEATRES,  police  officer  detailed  to 12  148 

THIRTEENTH  STREET,  sale  of  lands 9  20 

TIES,   election,   canvass 20  173 

TILLERMEN,  Fire  Department 1  153 

TIME. 

Advertising  bills  and  resolutions 13  6 

Amendments  to  charter,  election 22  8 

Assessment  district  objections,  hearing 5  81 

Bills  or  resolutions,  return  by  Mayor  to  Board  of 

Supervisors 16  6 

Budget  estimates,  etc 1  30 

Claims,  revival  of 1  44 

Delinquent    assessments : 1  105 

Demands,   presentation   of 1  43 

Eight-hour  day,  laborers 24  11 

Extensions  of,  contracts 21  76 

Franchise  grant,  renewal 12  6 

Franchises,  street  railways,  term 6  17 

Lease  of  City  lands 32  13 

Lighting  streets,  etc.,  contract  for  one  year 6.  27 

Materialmen,  claim  against  contractor 7  28 

Motion  to  reconsider,  vote  on 12  6 

Objections,  owners,  street  assessments 4  79 

Ordinance,    taking    effect 15  6 

Sale  of  delinquent  assessments..... 3  106 

Street  assessment  action,  commencing 15  90 

Street   railway   construction,   commencement 6  19 

Streets,  opening,  etc.,  notice 10  104 

Taxes,  payment  and  delinquency 17  34-35 

Tax  levy,  making 11  32 

TITLE, 

Conflicting   9  103 

Defective,  lands  for  opening,  etc.,  of  streets 19  109 

Ordinance,  subject  expressed  in 11  5 

Public  library  property 4  133 

TOLLS    FOR   WHARFAGE 2  112 


Index 


363 


Section  or 

Subdivision  Page 
TRACKS, 

Board  of  Public  Works,  regulating  laying 1  70 

Forfeiture,  franchise   penalty 7c  39 

Jomt  use,  five  blocks  each  end  of  t  innel,  etc 5  123 

Joint  use,  ten  blocks,  street  railway 27  12 

Lease  on  reversion  to  City 7  20 

Reverting  to  City 6  19 

TRANSFER, 

Balance  in  funds  at  time  of  new  charter 37  224 

Bond  issue  surplus 10  191 

Civil  Service  Commission,  notice  to 13  201 

Common  school  fund,  money  to 3  131 

F^re   Department   members 7  150 

Firemen  not  to  be  transferred  except  for  cause..  2  151 

Funds   not    lawful 1  35 

Library  purposes,  City  real  estate  for 7  134 

Patented    pavement,    rights 26  95 

Police  Relief  and  Pension  Fund,  to  surplus  fund....  13  148 

School    pupils 4  129 

Surplus  fund,  balances  to 16  34 

Teachers  2  125 

To  meet  deficiency,  change  of  grade  fund 15  119 

Unapportioned  fee  fund,  from 10  41 

TRANSPORTATION, 

Deposits  in  banks  of  public  funds 2  52 

Persons  and  baggage 7  9 

Street    railway 27  12 

TR.AVEL.  restoration  of.  t'mnel  construction 2  122 

TREASURER,  TREASURY, 

Accounts  of  funds  to  be  kept  distinct 2  50 

Appointment  of  assistants,  salaries 1  49 

Attendance  at  office  daily 2  50 

Auditor  must  know  condition  of  and  report  on....  1  47 

Bags  of  money 3  52 

Bail  moneys  5  65 

Ballot,  arrangement  of  office  on 10b  168 

Bonds. 

Official  bond 2  213 

Redemption   of 7  37 

Registering    of 10  192 

Signing   of 11  192 

Unsold,  sale  of 10  191 

Cancellation  of  paid  demands 6  53 

Change  of  grade,  delinquent  assessments 12  118 

Chief  deputy 1  49 

City   Engineer's  fees 12  73 

Civil  Service,  employees  under  and  those  exempt  11  199 

Condition  of  treasury,  reporting 2  49 

Contracts,  payments  due  on 10  32 

Counting  boards,  elections 19  172 

County  Clerk,  deposits  by....'. 4  36 

Coupons,  cancellation  of 10  192 

Custody,   public   moneys 1  39 

Daily  deposit  of  all  moneys 17  218 

Deficiency    in 3  52 

Delinquent  on  assessments,  purchase  of  property  3  106 
Demands, 

Against,   when   barred 1  43 

Approval  by  Supervisors  before  payment 19  7 


364 


Index 


TREASURER,  TREASURY  (Continued)  s^Mi^rsk^n 

Approved  by  Auditor  before  payment :> 

Limit   in   single   month 9 

Payment  in  order  of  presentation 6 

Payment  or  refusal  to  pay 5 

Registration    of 6 

Deposits  of  public  funds 2 

Disbursement,  public  moneys,  only  officer 1 

Duplicate  receipt  for  money 4 

Duties    of 2 

Election    fees 8 

Election  of 1 

Election  of.  at  what  time 1 

Election    officers 19 

Employees   : 1 

Exposition    bonds 29a 

Extra  assistants,  payment,-  demands  of 12 

Fees,  etc.,  collected  to  be  paid  to 3 

File  monthly  and  quarterly  statements 2 

Fire  Marshal  depositing  moneys.. 4 

Firemen's    relief   fund 8 

Four-year  term  for 38a 

Joint  custody  safe,  control  with  Auditor 3 

Liabilities  on,  restriction 9 

'Liability  on  official  bond 4 

Mileage    fee    statements 11 

Misconduct  in  office,  when '  2 

Moneys, 

All  to  be  paid  to 1 

Daily  account  of 2 

Drawn  from  only  by  demand 6 

Received    monthly,    report 8 

Transfer  from  unapportioned  fee  fund 10 

Official  bond 2 

Official    receipts,    furnishing 5 

Office  hours,   daily 14 

Outside  of  City,  payments  for  work 9 

Outstanding  bonds,  when  to  pay  for 7 

Panama-Pacific   Exposition   bonds 29a 

Payment   of   demands.    Supervisors   and   Auditor 

approving     before 19 

Payments  only  by  demand : 2 

Pay  rolls,  certification  by  Civil  Service  Commis- 
sion   19 

Police  relief  and  pension  fund 9-11 

Property  Clerk  depositing  money  with 5 

Public  Administrator,   deposits   by 4 

Qualifications    1 

Receipts,  issuing  of  and  entering  on  stubs 4-8 

Redemption  money,  property  sold  for  delinquent 

assessment    , 5 

Registrar  of  voters,  fees 8 

Report  monthly  to  Auditor 8 

Safes  to  be  kept 3 

Salary  demands,  approval  by  Civil  Service  Com- 
mission before  action  by 19 

Salary    of 1 

Shortage  in 3 

Special  deposit  fund 4 

Street     assessments 8 

Streets,  opening,  etc.,  warrants  and  judgments....  15-16 


Page 

47 

31 

53 

53 

53 

50-52 

39 

52 

49 

167 

49 

164 

172 

49 

222 

42 

39 

49 

154 

157 

225 

52 

31 

40 

41 

50 

39 
49 
31 
41 
41 

213 
40 

217 
49 
37 

222 

7 
49 

202 

147 

144 

36 

49 

40-41 

107 

167 

41 

52 

202 

49 

52 

36 

107 

108 


Index 


365 


TREASURER,  TREASURY  (Continued)  Subdivision 

Surplus  fund 16 

Tax  Collector's  collections  to  be  paid  into 2 

Term  of  office 1 

Tunnel,  subway  and  viaduct  construction  costs, 

payment  out  of 2-4 

Unappoitioned  Fee  Fund 10-12 

Unauthorized    demands 5 

Unpaid   demands,   register 6 

TRIALS, 

By  appointing  officer  on  charges 12 

Fire    Department   members 6 

Police   Commission 8 

Police   Court 5 

Police    officer 3 

TRUANCY,    remedying 4 

TRUCKMEN,   Fire   Department * 1 

TRUSTEES, 

Firemen's    relief   fund 1 

Police  relief  and  pension  fund 1 

Public     Libraries 1 

TRUST   FUNDS,    schools 12 

TRUSTS, 

Execution   by   Supervisors 30 

Libraries,    public 2 

TUNNELS, 

Acquisition  of  lands  for 15 

Amending  ordinance  and  procedure 3 

Approaches,  approving  designs 10 

Approaches  and  portals,  lands  for 2 

Assessments  to  meet  cost 1-4 

Combining     procedure 3 

Damages,  costs,  etc.,  expenses 2-4 

Exclusive  right  to  operate,  except  by  City,  for- 
bidden    5 

Five  blocks  approaching  each  end,  joint  use  of 

tracks 5 

Installment  payments  2 

Levying  assessment 2 

Municipal  Railway  through 5 

One  proceeding,  two  or  more  tunnels 6 

Ordinance  authorizing  1 

Payment  of  costs  and  expenses  out  of  treasury 4 

Purchase  or  condemn  land 2 

Restoration  of  street  travel 2 

Street   railway   through,   operation  municipal   or 

private,  singly  or  jointly  5 

Supervisors, 

Majority  vote   2 

Ordering  construction  1 

Power  to  construct  26 

Two  or  more  lines  of  street  railway  using 5 

TWELFTH  STREET,  sale  of  lands 9 

TWO   PLATOON  SYSTEM 11 

TWO  POSITIONS,  employee  holding 4 

U 
UNANIMOUS  VOTE, 

Police  Commission,  pensions  2 

Tax  limit,  suspension  of 13 


Paere 
34 
54 
49 

122 

41-42 

53 

53 

200 
150 
137 
64 
142 
125 
153 

155 
144 
132 

127 

12 
134 

193 
122 
208 
122 
121-123 
122 
122 

123 

123 
122 
122 
123 
123 
121 
122 
121 
122 

123 

122 
121 

12 
123 

20 
151 
216 


144 
33 


366  Index 

Section  or 
Subdivision      Page 
UNAPPORTIONED  FEE  FUND, 

Creation  of  4  40 

Extra  employees,  payment  of 12  42 

Mileage  fees,  to  be  paid  out  of 11  41 

Transfers  from  by  Treasurer 10  41 

Transfer  of  funds 1  35 

UNAUTHORIZED  DEMANDS  5  53 

UNCLAIMED  PROPERTY  1-5      143-144 

UNDERGROUND,  power  wires,  pipes  and  mains,  lay- 
ing      1  70 

UNDERWRITERS'   FIRE   PATROL 1  153 

UNEXPENDED, 

Appropriations   7-9  31 

Auditor,  weekly  statements  10  32 

Balance  of  appropriations  on  contract 10  32 

Balances,  transfer  at  time  of  new  charter 37      224-225 

Monthly  balances  9   .  31 

UNEXPIRED  TERM,  appointment  by  Mayor 4  46 

UNFINISHED  PORTION,  private  street  contract,  re- 
letting     20  75 

UNGRADED  PORTION  OF  bTREET,  proceedings  not 

stayed  by  objections 4  80 

UNIFORM, 

Lighting  rates  6  28 

System  of  accounting 40  14 

UNIFORMS,  Fire  Department  5  149 

UNIMPROVED  PORTION  OF  STREET,  proceedings  4  80 
UNITED  STATES  OP  AMERICA,  work  done  in  front 

of  property   of 8  83 

UNMARRIED  WIDOW,  pension 4  145 

UNNECESSARY  FUNDS   38  225 

UNPAID  BILL,  claim  7  28 

UNPAID  DEMANDS, 

Payment  out  of  delinquent  revenue  when  collected  6  36 

Register  of  6  53 

UNSAFE  STRUCTURES,  Supervisors,  power... 6  9 

UNSOLD  BONDS,  sale  of 10  191 

UNUSED  LOTS,  transfer  to  other  departments 31  13 

URGENT  NECESSITIES, 

Appropriation  for 8  31 

Expenditures,  one-twelfth  limit  on,  exempted.. 9  32 

Public  improvements  without  advertising 14  73 

Street  work  8  83 

Supervisors,  majority  vote  8  31 

Tax  rate  limit 13  33 

URGENT  REPAIRS  TO  STREETS 30  97 

USE, 

Franchises  not  in,  forfeited 26      219-220 

Joint,  of  tracks,  five  blocks 5  123 

Joint,  of  tracks,  ten  blocks 27  12 

Library  purposes,  city  real  estate  for 7  134 

Patented  pavement 26  95 

Public  use,  buildings  in  parks 6  206 

Streets   (See  Streets) 
UTILITIES  (See  Public  Utilities) 


Index 


367 


VA^^AiNL/l,  Subdivision      Page 

Absence  from  State  for  more  than  sixty  days  cre- 
ates    10  217 

Appointment  by  Mayor  to  fill 4  46 

Census  Marshal   7  126 

Civil  Service  Commission,  notice  to 9-10  198 

Civil  Service  Commission,  notice  to 13  201 

Civil  Service,  how  filled 8  198 

Finance  Committee  3  16 

Fire  Marshal  1  153 

In  municipal  offices,  what  constitutes 10  217 

In  office  of  Mayor,  how  filled 6  46 

Neglect  to  qualify   within  prescribed  time  after 

election  or  appointment  causes 10  217 

Recall  election  3-10      183-184 

Resident,  ceasing  to  be,  causes 10  217 

Two  positions  held  by  employee,  causes 4  216 

VACANT  LOTS,  transfer  to  other  departments 31  13 

VACATIONS,  Fire  Department,  without  loss  of  pay....  2  158 

VALIDITY, 

Elections,  informalities  23  174 

Error  not  affecting 9  103 

Initiative  petition 2  176 

Library  bonds  10a  192 

Recall  election 1  182 

Street  improvement  assessment 14  90 

VALUABLES,  Property  Clerk,  deposit 5  144 

VALUATION, 

Cost,  plus  7a  37 

Fifty  per  cent  of,  assessing 33  99 

Interest  during  construction 7a  37 

Lands  for  opening  streets 6  102 

Street  railway  franchise 7a  37 

VAULTS,  under  sidewalks,  permits 1  70 

VEHICLES,  Supervisors  regulating  use  of 7  9 

VERIFICATION,  initiative  petition  3      176-177 

VETO, 

Budget  '. 4  30 

Ordinance,  initiative  petition  7  179 

Overcoming,  vote  necessary 4  30 

Separate  items  in  bill 14  6 

VIADUCTS, 

Approaches,  approving  designs 10  208 

Assessment  to  meet  costs,  damages  and  expenses  1-4      121-123 
Exclusive  right  to  operate,  except  by  City,  forbid- 
den    5  123 

Five  blocks  approaching  each  end,  joint  use  of 

tracks  5  123 

Installment  payments  1-2      121-122 

Payment  of  costs  and  expenses  out  of  treasury 4  122 

Purchase  or  condemn  lands 2  121 

Street  railway  over,  operation  municipal  or  pri- 
vate, singly  or  jointly 5  123 

Supervisors  ordering  construction 1  121 

VIOLATION, 

Contracts    3  46 

Order,  Police  Judges  6  65 

Ordinances, 

Fines    11  147 

Penalties  16  11 

Police  Court  jurisdiction  2  63 


368 


Index 


VIOLATION  (Continued)  S^uSsfon     Page 

Regulations,  contracts  for  public  work 16  74 

Rules,  Police  Department 2  142 

Treasurer,  handling  of  funds 2  50 

VITAL  STATISTICS,  registration  4  161 

VOID, 

Bid  in  case  of  collusion 18  75 

Contract,  failure  to  complete  within  time 21  76 

Contract  for  public  work,  violation  of  regulations  16  74 

Ordinance,  where  subject  not  expressed  in  title....  11  5 

VOLUNTEER  FIREMEN,  relief  36  13 

VOTING, 

Amendments  to  charter 22  8 

Ayes  and  noes, 

Board  of  Education  3  124 

Board  of  Public  Works  5-6  69 

Board  of  Supervisors  3  4 

Board  of  Supervisors  9  5 

Entry,  Journal  of  Proceedings 3  4 

Franchise  grant  6  19 

Library  Trustees  6  133 

On  reconsideration  16  7 

Police  Commission  4  136 

Bills  and  resolutions,  Supervisors 9  5 

Board  of  Education  .....' 3  124 

Board  of  Supervisors  3  4 

Budget 3  30 

Change  of  grade  ordinance : 17  120 

Counting  of  ballots  19-21      171-173 

"Entire  vote"  25  174 

Extensions  of  time  on  contracts 21  76 

Franchise  grant  6  19 

Franchise  grant  to  vote  of  people 7  20 

Franchise,  purchase .^ 7a  38 

Initiative  petition 6  178 

Instructions  to  voters  _ 10a  168 

Lease  of  City  lands ,  32  13 

Library  Trustees 6  133 

Machines,  voting  14  170 

Majority  vote   (See  Majority  Vote) 

Mayor,  office  of,  how  computed 25  174 

Motion  to  reconsider  12  6 

Municipal  elections  1-25      164-174 

Pensions,  Police  Department 2  144 

People, 

Acquisition  of  public  utilities 2  186 

Franchise  grant 7  20 

Initiative 1  174 

Recall    1  182 

Referendum  1  181 

Playground  Commission 10  212 

Police  Commission  4  136 

Recall  1  182 

Reconsideration  of  bill  or  resolution 16  7 

Referendum  elections  1-9      181-182 

Registration  of  voters 5  164 

Sale  of  City  lands,  vote  of  Supervisors 9  22 

Sewer, 

Construction 8  111 

Cost  exceeding  certain  unit 2  78 

Lands  for  6  111 


Index 


869 


VOTING  (Continued)  s^ubdiWsfJn     Page 

Street  railway  franchise,  purchase 7a  38 

Streets, 

Improvement  of,  ordering 2  78 

Opening,  widening,  etc 1  100 

Work,  Supervisors  ordering 33  98 

Suspension  of  officer 19  218 

Tax  limit  suspension 13  33 

Tunnel,  subway  and  viaduct  construction 1  121 

Two-thirds  of,  when  necessary 4  188 

Unanimous  vote  2  144 

Urgent  necessities  fund,  expenditures  from 8  31 

Veto,  overcoming  4  30 


W 

WAGES  (See  Salaries,  Minimum  Wage,  and  under  re- 
spective offices  and  departments) 

WAIVER,  claim  for  damages 2 

WARDENS,  FIRE  1 

WARRANT  AND  BOND  CLERK, 

Authority  to  issue  bail  bonds 5 

Contempt  of  court,  release  of  prisoners 6 

Deputies  and  salaries  5 

Office  of,  to  be  kept  open  continuously 5 

Official  bond 2 

Penalty  for  other  persons  to  receive  bail  money 8 

Release  of  prisoners,  power 5 

Subject  to  order  of  Police  Judges,  when 6 

WARRANTS  (See  Demands) 

District  Attorney  2 

Firemen's  relief  fund 8 

Form  of 39 

Police  relief  and  pension  fund 9 

School  Department  employees 10 

Street  assessments  12 

Streets,  opening,  etc 8 

WATCHMEN,  Fire  Department 1 

WATER, 

Board  of  Public  Works,  plans,  estimates,  of  water- 
works    10 

Finance  Committee  examining  books,  etc 4 

Locationr  and  quality 13 

Offers  for  sale  of  works  to  City 2 

Pipes,  regulating  laying  of 1 

Pipes  to  be  laid  before  acceptance  of  street 23 

Plans  and  estimates  of  cost  for  acquisition  of  sup- 
ply      1 

Power  of  Supervisors  to  acquire  lands  for  supply..  15 

Rates  for  use  14 

Sources  of  supply,  estimates 1 

Supervisors,  power  to  regulate 13 

Works,  estimate  of,  for  what  purpose  made 1 

WATER  TOWER  COMPANIES,  of  whom  composed..  1 

WEAPONS, 

Destruction  by  Property  Clerk 3 

Fines  carrying  concealed 11 

To  be  taken  from  prisoners ,  2 


114 
154 

65 
65 
65 
65 
213 
66 
58 
65 

60 
157 
14 
146 
127 
87-88 
107 
158 


72 
17 
10 
186 
70 
94 

86 
193 

10 
186 

10 
186 
153 

143 
147 
142 


370 


Index 


WEIGHTS  AND  MEASURES  DEPARTMENT, 

Appointments  in  

Civil  Service  provisions  

Duties  and  powers,  Sealer  and  deputies 

State  la,ws,  subject  to  

WHARVES  (See  Harbors) 

Built  and  repaired  by  Board  of  Public  Works 

Control  of  Supervisors 

May  be  leased  but  not  sold : 

Tolls  for  wharfage  and  dockage 

WIDENING  OF  STREETS 

WIDOW, 

Pension,  Fire  Department  

Police  officer,  receiving  pension  while  unmarried 

WIDTH  OF  STREETS, 

Acceptance,  entire  width 

Closing,  less  than  forty  feet 

Supervisors  fixing  

WIRES, 

Department  of  Electricity  enforcing  ordinances.... 

Fire  alarm  system  

Franchise,  no  exclusive  for  laying 

Franchises,  granting' 

Jefferson  Square,  fire  alarm  station 

Police  telephone  and  telegraph  system 

WITHDRAWAL, 

Candidates  for  office 

Deposits  of  public  funds "... 

Initiative  petition,  signatures  from 

Moneys  from  joint  custody  safe 

WITHHOLDING  MONEY, 

Contract,  to  meet 

Debits  from  demands  

From  teachers 

WITNESSES, 

Change  of  grade  

Detention  of,  places  for 

Finance  Committee,  examining 

Opening,  etc.,  of  streets 

Police  Commission  hearings 

WOODEN  BUILDINGS, 

Fire  limits,  fixing -. 

Unsafe  structures,  Supervisors,  power 

WORK  (See  Public  Work) 

WORKS  OF  ART,  acceptance  and  location 10 


Section  or 

bubdivisiou 

Page 

1-2 

57 

2 

57 

1 

57 

3 

57 

1 

112 

1 

112 

2 

112 

2 

112 

1-19   100-109 

5 

156 

4 

145 

23 

94 

27 

96 

1 

77 

6 

159 

4 

159 

5 

17 

7 

19 

6a 

206 

4 

159 

10c 

169 

2 

51 

2 

176 

3 

52 

10 

32 

6 

48 

2 

125 

4 

114 

10 

10 

3 

17 

6 

102 

8 

137 

5 

9 

6 

9 

20^ 


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STAMPED  BELOW 


AN     INITIAL    FINE      OF     25     CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  50  CENTS  ON  THE  FOURTH 
DAY  AND  TO  S1.00  ON  THE  SEVENTH  DAY 
OVERDUE. 


SEP  an 


4CLP 


OCT   10 


KOV  25   1932 


FEB  27  1933 

MAI 

APR  id^yji 


OCT   ^9  ^^^' 
4AN    4  \m 


5  J936 


JH..'il,.IHl.! 


NOV  291937 


APfi    18  1940 

iOjan'52LU 
1 1  Dec '62  J  j 

LD  21-50m-8,'32 


LD  21A-50m-ll,'62 
(D3279sl0)476B 


General  Library     ^ 
University  of  California 
Berkeley 


YC  09789 


/^ 


747501 


UNIVERSITY  OF  CALIFORNIA  UBRARY 


